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Intellectual Property

The Ups and Downs of American Whiskey Laws

Ryan Levy March 9, 2018

American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress

Maximize the Damages: The Virtues of Virtual Patent Marking

Z. Peter Sawicki and James L. Young February 7, 2018

We’ve written about “patent marking” before, but it is very important for patent owners. We previously noted a change in U.S. law that provided a new manner for marking a product with a patent number. This new scheme provides a great solution to problems that many manufacturers faced in effectively marking their products with patent numbers. However, it seems to

Spurious IP Snail Mail

Z. Peter Sawicki and James L. Young January 15, 2018

Electronic filing. The paperless of- fice. A few years ago, such notions were futuristic aspirations, but we are all living there now. A digital state of affairs is today’s reality. Minnesota and federal court filings and written communications (including court orders) are pretty much exclusively handled electronically. You can file your IRS and state income tax returns electronically, saving many

Game of Clones: Amazon Style

Z. Peter Sawicki and James L. Young December 6, 2017

Amazon’s Marketplace According to a Jan. 12, 2017, Forbes article, Amazon has moved past Walmart as the most valuable retailer in the United States. The Seattle Times (May 31, 2016) reported that more than two million merchants were selling their goods through Amazon. It has also been reported that it is more profitable for Amazon to handle sales and logistics

“Patent Pending” – Is It Real or Fake News?

Z. Peter Sawicki and James L. Young November 14, 2017

Your client wants to introduce a new product, but a competitor’s similar product is promoted as “Patent Pending.” What’s the legal effect of that marking? Does this mean your client should forget about pursuing its proposed new product? To sort this out, you first must know what it means to own an issued patent. A U.S. patent is a bundle

Can You Dawdle Over a Dirty Diaper?

Z. Peter Sawicki and James L. Young October 13, 2017

The Supreme Court issued six patent law decisions in its latest term, continuing the Court’s trend of being very interested in intellectual property law. One of those cases dealt with how long a patent owner can “hold it,” so to speak. In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.580 U.S. _ (2017), the issue on appeal was whether laches

Reputational IP

Z. Peter Sawicki and James L. Young September 13, 2017

As attorneys, we are often cast as protectors and stewards of many things for our clients, including their freedoms, due process rights, contractual rights and property (such as their finances, real property and intellectual property). What about another intangible client attribute – our client’s reputation? It certainly has value worth protecting, in most cases (hopefully). Let’s briefly examine how “reputation”

Software Or Technical Data Delivered Under A DoD Contract: 10 Useful Tips Concerning IP Rights

Jerry Gabig September 5, 2017

In 2016, Redstone’s Army & Missile Command (AMCOM) spent $13.4 billion. Other large government procuring institutions in Northern Alabama raise the annual federal spending to as much as $40 billion. Much of what is purchased is technology. Technology acquisitions under a DoD contract bring countless intellectual property issues. Here are 10 useful tips: TIP #1: Even if the software or technical

Protection By Looking Good

Z. Peter Sawicki and James L. Young August 17, 2017

Ever walk into a store looking for mouthwash and see two choices, both looking alike? One is a national, well-known brand while the other turns out to be a store brand of a national chain. Both bottles have the same shape and same color. You know the two mouthwashes are different brands, even though at a distance the two bottles

‘America First’ – Brands & Products Labels

Z. Peter Sawicki and James L. Young July 29, 2017

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

Intellectual Property

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