Intellectual Property

Like a Common Law Marriage, a Common Law Trademark May Not Be the Way to Go…

Trademark rights are acquired in the United States through (1) use of the trademark or (2) by filling a trademark application in the U.S. Patent and Trademark Office (USPTO) and obtaining a registration. Businesses sometimes opt not to register their trademarks at the USPTO. A mark that is in use but not federally registered creates “common law” trademark rights, but

Read More »
Netflix Sharing

Don’t Forget Your Password – Share It!

We are old enough to remember when television only came into your home through an antenna, and there were only a handful of TV broadcast stations you could even watch. We. Are. So. Old. Then along came cable TV, with its eventual offering of hundreds of television channels, on-demand video viewing and digital recording capabilities. Now, we are in the

Read More »
ingenuity

Soothsayers & American Ingenuity

“Everything that can be invented has been invented.” All patent attorneys know this curious statement, and that it was supposedly uttered in 1899 by Charles H. Duell. It probably would have gone unnoticed except for the fact that when he said it, this alleged soothsayer was the Commissioner of the U.S. Patent Office. Most (but not all) patent attorneys also

Read More »
podcasting IP

Serially Homicidal IP

In the last 10 years podcasts have become an integral part of our content consuming culture. No subject is off limits, but the true crime podcast genre may have been the gateway podcast for many. A good true crime podcast is like a train wreck – we can’t look away – or in this case, we can’t stop listening. Later,

Read More »

To the Metaverse, and Beyond!

Since its origin the use of the internet has been (until now) mostly an interaction between people. From initially exchanging documents between scientists, to email communications among people, and then social media platforms such as Facebook, Twitter and TikTok, the internet has provided creative communications avenues for digital interaction. Amazon began as an online bookstore but now Amazon sells anything

Read More »
intellectual property anniversaries

Intellectual Property Anniversaries

Ten Years! It’s a long time. Ten years is the entire initial term for a trademark registration and half the life of a granted utility patent. For a marriage, 10 years can be a milestone. According to one internet source (www.CreditDonkey.com), about 70% of U.S. married couples make it to their 10th anniversary (we were sort of surprised by this, thinking

Read More »
patent pending

Don’t Run; Walk Slowly: What We’ve Learned From 27 Years of U.S. Provisional Patent Applications

Every experienced patent attorney has had a client who wanted – ASAP – to file a provisional patent application. Sometimes there is a good reason to quickly file a provisional application. Often, however, the desire for a rushed filing is based on an emotionally excited inventor who believes the invention will generate a pile of money. The real function of

Read More »
Sweet Martha's Cookie

Cookies, Like Duct Tape, Fix Everything

Everyone loves cookies! To some, cookies are a big deal because of judged baking competitions (like at county fairs). To others, cookies are a major big deal, as in financially huge! From several stands, “Sweet Martha’s Cookie Jar” makes and sells over 3 million chocolate chip cookies a day, during the 12-day run of the Minnesota State Fair. Of course,

Read More »
IP Customer

It’s All About That Buyer

In today’s super competitive marketplace, clients sometimes find it difficult to choose a trademark that does not encroach on someone’s established trademark turf. The client usually looks at a new trademark from an ownership viewpoint, choosing a brand that it believes will deliver it to the Promised Land. If there is another who preceded the client and has rights that

Read More »
nft

Not Your Father’s Acronym – the NFT (and IP)

Every day we are confronted with new acronyms, or more specifically internet abbreviations since many don’t exactly fall under the traditional definition of acronyms, like: LOL (Laughing Out Loud); OMW (On My Way); TIL (Today I Learned); IMO (In My Opinion). Bear with us as we dedicate a column to one such abbreviation and its connection to intellectual property (IP).

Read More »

Like a Common Law Marriage, a Common Law Trademark May Not Be the Way to Go…

Trademark rights are acquired in the United States through (1) use of the trademark or (2) by filling a trademark application in the U.S. Patent and Trademark Office (USPTO) and obtaining a registration. Businesses sometimes opt not to register their trademarks at the USPTO. A mark that is in use but not federally registered creates “common law” trademark rights, but

Read More »
Netflix Sharing

Don’t Forget Your Password – Share It!

We are old enough to remember when television only came into your home through an antenna, and there were only a handful of TV broadcast stations you could even watch. We. Are. So. Old. Then along came cable TV, with its eventual offering of hundreds of television channels, on-demand video viewing and digital recording capabilities. Now, we are in the

Read More »
ingenuity

Soothsayers & American Ingenuity

“Everything that can be invented has been invented.” All patent attorneys know this curious statement, and that it was supposedly uttered in 1899 by Charles H. Duell. It probably would have gone unnoticed except for the fact that when he said it, this alleged soothsayer was the Commissioner of the U.S. Patent Office. Most (but not all) patent attorneys also

Read More »
podcasting IP

Serially Homicidal IP

In the last 10 years podcasts have become an integral part of our content consuming culture. No subject is off limits, but the true crime podcast genre may have been the gateway podcast for many. A good true crime podcast is like a train wreck – we can’t look away – or in this case, we can’t stop listening. Later,

Read More »

To the Metaverse, and Beyond!

Since its origin the use of the internet has been (until now) mostly an interaction between people. From initially exchanging documents between scientists, to email communications among people, and then social media platforms such as Facebook, Twitter and TikTok, the internet has provided creative communications avenues for digital interaction. Amazon began as an online bookstore but now Amazon sells anything

Read More »
intellectual property anniversaries

Intellectual Property Anniversaries

Ten Years! It’s a long time. Ten years is the entire initial term for a trademark registration and half the life of a granted utility patent. For a marriage, 10 years can be a milestone. According to one internet source (www.CreditDonkey.com), about 70% of U.S. married couples make it to their 10th anniversary (we were sort of surprised by this, thinking

Read More »
patent pending

Don’t Run; Walk Slowly: What We’ve Learned From 27 Years of U.S. Provisional Patent Applications

Every experienced patent attorney has had a client who wanted – ASAP – to file a provisional patent application. Sometimes there is a good reason to quickly file a provisional application. Often, however, the desire for a rushed filing is based on an emotionally excited inventor who believes the invention will generate a pile of money. The real function of

Read More »
Sweet Martha's Cookie

Cookies, Like Duct Tape, Fix Everything

Everyone loves cookies! To some, cookies are a big deal because of judged baking competitions (like at county fairs). To others, cookies are a major big deal, as in financially huge! From several stands, “Sweet Martha’s Cookie Jar” makes and sells over 3 million chocolate chip cookies a day, during the 12-day run of the Minnesota State Fair. Of course,

Read More »
IP Customer

It’s All About That Buyer

In today’s super competitive marketplace, clients sometimes find it difficult to choose a trademark that does not encroach on someone’s established trademark turf. The client usually looks at a new trademark from an ownership viewpoint, choosing a brand that it believes will deliver it to the Promised Land. If there is another who preceded the client and has rights that

Read More »
nft

Not Your Father’s Acronym – the NFT (and IP)

Every day we are confronted with new acronyms, or more specifically internet abbreviations since many don’t exactly fall under the traditional definition of acronyms, like: LOL (Laughing Out Loud); OMW (On My Way); TIL (Today I Learned); IMO (In My Opinion). Bear with us as we dedicate a column to one such abbreviation and its connection to intellectual property (IP).

Read More »

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