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
In the liquor industry, trademarks are a big deal. Pretend you’re a bartender. On a typical evening, you’ll take drink orders like these: “I’ll have a Bud Light.” “Jack Daniels neat and, make it a double.” “A glass of Franzia chardonnay, please.” (OK, that last one probably never happened). Usually, liquor is ordered by the brand, unless you’re settling for
Recently a Wake Forest football radio broadcaster (who was previously a Wake Forest football player and assistant coach) was caught providing at least parts of Wake Forest’s game plans to opposing football programs. He had been given access to game plans to better understand, announce, and provide insight to the Wake Forest radio audience during his football broadcasts. We can
A good rule of thumb for most is to keep profanity out one’s work product (unless you’re a rapper; and then it’s expected). Decorum in the courtroom is important, as well as in our day-to-day interactions. Just as you should not utter certain words in court, it is likewise important not to put them in writing. The same is true
From 1836 (the start of the present patent numbering sequence) to the present, over 9 million patents have been granted by the United States Patent and Trademark Office. Of course, most of those patents are not “active.” Many have “deceased” naturally. Each patent has a lifetime, and until 1995 it was 17 years from the date of grant. Now, a
In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if
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
In the liquor industry, trademarks are a big deal. Pretend you’re a bartender. On a typical evening, you’ll take drink orders like these: “I’ll have a Bud Light.” “Jack Daniels neat and, make it a double.” “A glass of Franzia chardonnay, please.” (OK, that last one probably never happened). Usually, liquor is ordered by the brand, unless you’re settling for
Recently a Wake Forest football radio broadcaster (who was previously a Wake Forest football player and assistant coach) was caught providing at least parts of Wake Forest’s game plans to opposing football programs. He had been given access to game plans to better understand, announce, and provide insight to the Wake Forest radio audience during his football broadcasts. We can
A good rule of thumb for most is to keep profanity out one’s work product (unless you’re a rapper; and then it’s expected). Decorum in the courtroom is important, as well as in our day-to-day interactions. Just as you should not utter certain words in court, it is likewise important not to put them in writing. The same is true
From 1836 (the start of the present patent numbering sequence) to the present, over 9 million patents have been granted by the United States Patent and Trademark Office. Of course, most of those patents are not “active.” Many have “deceased” naturally. Each patent has a lifetime, and until 1995 it was 17 years from the date of grant. Now, a
In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if
