“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
October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
The Internet was started by academicians as an information exchange program – a new frontier in communications. Initial users were pioneers; few in number and few rules were needed for conduct. Similarly, western expansion in the United States involved pioneers, specifically mountain men with few rules required to guide these self-sufficient individuals. In each case, as time passed the number
Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t
“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
October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
The Internet was started by academicians as an information exchange program – a new frontier in communications. Initial users were pioneers; few in number and few rules were needed for conduct. Similarly, western expansion in the United States involved pioneers, specifically mountain men with few rules required to guide these self-sufficient individuals. In each case, as time passed the number
Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t
