Your client wants to introduce a new product, but a competitor’s similar product is promoted as “Patent Pending.” What’s the legal effect of that marking? Does this mean your client should forget about pursuing its proposed new product? To sort this out, you first must know what it means to own an issued patent. A U.S. patent is a bundle
The Supreme Court issued six patent law decisions in its latest term, continuing the Court’s trend of being very interested in intellectual property law. One of those cases dealt with how long a patent owner can “hold it,” so to speak. In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.580 U.S. _ (2017), the issue on appeal was whether laches
As attorneys, we are often cast as protectors and stewards of many things for our clients, including their freedoms, due process rights, contractual rights and property (such as their finances, real property and intellectual property). What about another intangible client attribute – our client’s reputation? It certainly has value worth protecting, in most cases (hopefully). Let’s briefly examine how “reputation”
In 2016, Redstone’s Army & Missile Command (AMCOM) spent $13.4 billion. Other large government procuring institutions in Northern Alabama raise the annual federal spending to as much as $40 billion. Much of what is purchased is technology. Technology acquisitions under a DoD contract bring countless intellectual property issues. Here are 10 useful tips: TIP #1: Even if the software or technical
Ever walk into a store looking for mouthwash and see two choices, both looking alike? One is a national, well-known brand while the other turns out to be a store brand of a national chain. Both bottles have the same shape and same color. You know the two mouthwashes are different brands, even though at a distance the two bottles
The Stars and Stripes – America’s Brand On June 14, 1777, the Second Continental Congress passed the Flag Resolution, establishing the format for our current U.S. flag: thirteen stripes, alternating red and white, and an array of white stars on a blue field. Each nation’s flag is an important symbol for that country’s citizens. It embodies a common heritage and
Clients and potential clients often mistakenly believe that software can’t be patented or that copyright is the only option. However, software is often eligible for multiple forms of intellectual property protection. Patents, copyrights and trade secrets each provide varying scopes of protection and enforcement, and a proper protection strategy should weigh the benefits of each. Patents are designed to protect
“Do You Want to Know a Secret?” was a 1963 top 10 hit by the Beatles about a romantic secret. Intellectual property law also deals with secrets, but of a different nature – trade secrets. We have previously written about trade secrets in IP law, but have not surveyed the statutes that relate to trade secrets. Until last year, trade
The New Business Name Almost every business starts on a small scale, such as in the founder’s garage (or now, out of the founder’s laptop). In many instances, the surname of the founder becomes the name of the business and brand for its goods and services. There is a bit of founder vanity involved in doing so, but it might
“As an initial guideline, having a federally registered trademark is important. Theoretically speaking it is not necessary, but it makes the journey easier, less costly and the outcome more assured. An incontestable registration is even better, as it shuts down blow-back that your client’s mark is descriptive.” We all know someone who has purchased an expensive product at a bargain
Your client wants to introduce a new product, but a competitor’s similar product is promoted as “Patent Pending.” What’s the legal effect of that marking? Does this mean your client should forget about pursuing its proposed new product? To sort this out, you first must know what it means to own an issued patent. A U.S. patent is a bundle
The Supreme Court issued six patent law decisions in its latest term, continuing the Court’s trend of being very interested in intellectual property law. One of those cases dealt with how long a patent owner can “hold it,” so to speak. In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.580 U.S. _ (2017), the issue on appeal was whether laches
As attorneys, we are often cast as protectors and stewards of many things for our clients, including their freedoms, due process rights, contractual rights and property (such as their finances, real property and intellectual property). What about another intangible client attribute – our client’s reputation? It certainly has value worth protecting, in most cases (hopefully). Let’s briefly examine how “reputation”
In 2016, Redstone’s Army & Missile Command (AMCOM) spent $13.4 billion. Other large government procuring institutions in Northern Alabama raise the annual federal spending to as much as $40 billion. Much of what is purchased is technology. Technology acquisitions under a DoD contract bring countless intellectual property issues. Here are 10 useful tips: TIP #1: Even if the software or technical
Ever walk into a store looking for mouthwash and see two choices, both looking alike? One is a national, well-known brand while the other turns out to be a store brand of a national chain. Both bottles have the same shape and same color. You know the two mouthwashes are different brands, even though at a distance the two bottles
The Stars and Stripes – America’s Brand On June 14, 1777, the Second Continental Congress passed the Flag Resolution, establishing the format for our current U.S. flag: thirteen stripes, alternating red and white, and an array of white stars on a blue field. Each nation’s flag is an important symbol for that country’s citizens. It embodies a common heritage and
Clients and potential clients often mistakenly believe that software can’t be patented or that copyright is the only option. However, software is often eligible for multiple forms of intellectual property protection. Patents, copyrights and trade secrets each provide varying scopes of protection and enforcement, and a proper protection strategy should weigh the benefits of each. Patents are designed to protect
“Do You Want to Know a Secret?” was a 1963 top 10 hit by the Beatles about a romantic secret. Intellectual property law also deals with secrets, but of a different nature – trade secrets. We have previously written about trade secrets in IP law, but have not surveyed the statutes that relate to trade secrets. Until last year, trade
The New Business Name Almost every business starts on a small scale, such as in the founder’s garage (or now, out of the founder’s laptop). In many instances, the surname of the founder becomes the name of the business and brand for its goods and services. There is a bit of founder vanity involved in doing so, but it might
“As an initial guideline, having a federally registered trademark is important. Theoretically speaking it is not necessary, but it makes the journey easier, less costly and the outcome more assured. An incontestable registration is even better, as it shuts down blow-back that your client’s mark is descriptive.” We all know someone who has purchased an expensive product at a bargain
