Every notable movement needs a good name – a memorable moniker. Some movement names are purely descriptive, like CIVIL RIGHTS MOVEMENT or GAY RIGHTS MOVEMENT, while others are less so such as TEA PARTY MOVEMENT or BOSTON STRONG. Can the name of a movement also constitute a brand that is protectable under our U.S. trademark laws? A trademark is anything
For a patent attorney at a first-time meeting with a new client, these questions inevitably arise: “Who is going to own the patent application and eventual patent?” and “Why can’t my LLC file for the patent application?” At this point we start explaining, but the client’s eyes soon cross and glaze over. Being experienced attorneys in these matters, we just
All is fair in love and war.” This axiom is frequently thrown about and is often used as a basis to justify certain actions. If it is true about love and war, what about business? These days the competitiveness to sell products or services can be very intense. What is fair between competitors in the marketplace? Is it like love
We both have active trademark practices and are constantly evaluating whether a client’s proposed trademark is available for use for that client’s goods or services. We review a lot of trademarks. While brands are valuable and very important for a business, we do our best to steer our clients away from difficulties that are ancillary to their primary mission –
The use of images on websites and social media posts continues to raise copyright concerns. The author who created the image (photographer, videographer or artist) owns the copyright to the image – including the rights to distribute, display or create copies. Distributing, displaying or copying without consent of the copyright owner is infringement. Use of an image already available on
Coronavirus disease 2019 (COVID-19) – nothing could be more topical. Everyone has been writing about COVID-19 for months since there is little other news. No sports events to recap. No concerts or plays to critique. No craft brewery or restaurant experiences to review. No celebrity hook-up/spit-up drama to report. But hey, we are magazine columnists and obliged to fill the
Along time ago – before we had the internet and Snopes to sort such things out – there was a rumor that Standard Oil, a large oil company at the time (perhaps the largest in the world) purchased a patent for a carburetor that would give a car the ability to go 100 miles per gallon. A key feature of
Thankfully, clients are always asking us questions. For example, a client might ask, “Can I copyright this video?” or “. . . this photograph?” or “. . . this hat design?” We hear about disputes over music copyrights and copyrighting songs in entertainment news all the time. As IP lawyers, we understand what our clients are asking (and even occasionally,
Your client wants to make money by selling a product or rendering some service – or maybe some new century combination of both now commonly referred to as SAAS (“software as a service”). In any event, your client will want the relevant consuming public to be able to readily spot its product or service in our crowded, noisy 21st century
From the beginning, U.S. presidents have been intimately involved in the protection of intellectual property. George Washington was a strong proponent of patent protection, asking Congress in the first ever State of the Union address to exercise its powers granted in the brand-new U.S. Constitution to enact laws protecting inventions (and the first U.S. Congress did enact a patent act).
Every notable movement needs a good name – a memorable moniker. Some movement names are purely descriptive, like CIVIL RIGHTS MOVEMENT or GAY RIGHTS MOVEMENT, while others are less so such as TEA PARTY MOVEMENT or BOSTON STRONG. Can the name of a movement also constitute a brand that is protectable under our U.S. trademark laws? A trademark is anything
For a patent attorney at a first-time meeting with a new client, these questions inevitably arise: “Who is going to own the patent application and eventual patent?” and “Why can’t my LLC file for the patent application?” At this point we start explaining, but the client’s eyes soon cross and glaze over. Being experienced attorneys in these matters, we just
All is fair in love and war.” This axiom is frequently thrown about and is often used as a basis to justify certain actions. If it is true about love and war, what about business? These days the competitiveness to sell products or services can be very intense. What is fair between competitors in the marketplace? Is it like love
We both have active trademark practices and are constantly evaluating whether a client’s proposed trademark is available for use for that client’s goods or services. We review a lot of trademarks. While brands are valuable and very important for a business, we do our best to steer our clients away from difficulties that are ancillary to their primary mission –
The use of images on websites and social media posts continues to raise copyright concerns. The author who created the image (photographer, videographer or artist) owns the copyright to the image – including the rights to distribute, display or create copies. Distributing, displaying or copying without consent of the copyright owner is infringement. Use of an image already available on
Coronavirus disease 2019 (COVID-19) – nothing could be more topical. Everyone has been writing about COVID-19 for months since there is little other news. No sports events to recap. No concerts or plays to critique. No craft brewery or restaurant experiences to review. No celebrity hook-up/spit-up drama to report. But hey, we are magazine columnists and obliged to fill the
Along time ago – before we had the internet and Snopes to sort such things out – there was a rumor that Standard Oil, a large oil company at the time (perhaps the largest in the world) purchased a patent for a carburetor that would give a car the ability to go 100 miles per gallon. A key feature of
Thankfully, clients are always asking us questions. For example, a client might ask, “Can I copyright this video?” or “. . . this photograph?” or “. . . this hat design?” We hear about disputes over music copyrights and copyrighting songs in entertainment news all the time. As IP lawyers, we understand what our clients are asking (and even occasionally,
Your client wants to make money by selling a product or rendering some service – or maybe some new century combination of both now commonly referred to as SAAS (“software as a service”). In any event, your client will want the relevant consuming public to be able to readily spot its product or service in our crowded, noisy 21st century
From the beginning, U.S. presidents have been intimately involved in the protection of intellectual property. George Washington was a strong proponent of patent protection, asking Congress in the first ever State of the Union address to exercise its powers granted in the brand-new U.S. Constitution to enact laws protecting inventions (and the first U.S. Congress did enact a patent act).
