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Intellectual Property

Is Counterfeiting a Big Deal?

Z. Peter Sawicki and James L. Young October 12, 2021

According to the International Trademark Association, the U.S. auto industry alone could employ over 200,000 additional employees if it could put counterfeiters out of business. Louis Vuitton estimates 2-3 million counterfeit items are produced each year – double the number of genuine LOUIS VUITTON brand products produced annually. According to an Associated Press 2017 article, counterfeit goods cost the U.S.

IP Afterlife

Z. Peter Sawicki and James L. Young September 3, 2021

“Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” – Benjamin Franklin, 1779 On April 21, 2016, Prince died without a will. Since then, his estate has been involved in constant legal turmoil. The initial reports dealt with who his heirs

Artificial Inventors

Z. Peter Sawicki and James L. Young August 5, 2021

In the patent universe, there has been extensive discussion as to whether artificial intelligence (AI) can “invent” – and if AI can invent whether AI then qualifies as an “inventor” under U.S. patent law. Much of this discussion has been carried out at a highbrow level. We will, of course, take a different road. Let’s address some issues which have

How New USPTO Rules Affect Businesses Applying for a Trademark

Chris Sanchelima July 26, 2021

Applying for trademark protection provides your business with the peace of mind that comes from being able to prevent third parties from using your phrases or logos for profit. However, the application process can be complex, and if you find out that someone else applied for protection of a similar logo, your request may be denied. But what happens if

Kitty & Puppy IP

Z. Peter Sawicki and James L. Young July 7, 2021

When was the last time you used “intellectual” and “pets” in the same sentence? Oh, sure – some think cats are fiercely independent and stealthy, and others think dogs are fiercely loyal and clever (when not napping) but “intellectual?” Not likely. Take a walk down any U.S. Street – urban, suburban or country. You will probably encounter someone walking a

Anatomy of a Trademark Search

Z. Peter Sawicki and James L. Young June 4, 2021

“Branding” the product is a normal first step when introducing that product into the marketplace. A primary focus of branding is what to “name” it. The name will be used to promote the product. Intellectual property attorneys call this product name a trademark or service mark. In a world filled with competitors, the choice of a trademark may have legal

Client Creativity Coverage, by Copyright

Z. Peter Sawicki and James L. Young May 7, 2021

Copyright protects the expression of an idea by the creator(s) of that expression. Our clients create “stuff” all the time, but what of that “stuff” qualifies for copyright protection? Three recent examples of copyright issues in the news are (1) Taylor Swift alleging copyright infringement by an amusement park (Evermore Park, in Utah) for its costumed actors performing her music

Bad Behavior at The U.S. Trademark Office

Z. Peter Sawicki and James L. Young April 12, 2021

In 2020, there were over 700,000 trademark applications filed at the U.S. Trademark Office. In the past the U.S. Trademark Office has been fairly friendly to trademark applicants from abroad. Recently, however, filings from non-US applicants have increased dramatically and many of these filings have presented examination issues, especially when it comes to allegations of “use” of a trademark. One of

A New Way to Enforce Copyright Claims

Z. Peter Sawicki and James L. Young February 25, 2021

The end of a Congressional year is met with typical threats of a government shutdown if the following year’s budget is not authorized. News headlines seem to cry that if legislators do not come to an agreement, a government shutdown will cause great distress. The end of 2020 seemed to have more stress than other years due to the addition

Words Matter – Trademark Linguistics

Z. Peter Sawicki and James L. Young January 29, 2021

Good trademark selection is almost always a curious process. You want your client to select a distinctive and memorable mark, but not one that is too close to a competitor’s brand or one that is so descriptive that it’s unprotectable. The trademark selection and clearance process is sometimes a bit like navigating an American Ninja Warrior obstacle course. The United

Intellectual Property

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