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Effective Intellectual Property Tax Planning is Essential When Developing Business Strategies

Businesses commonly focus on creating, protecting and monetizing their intellectual property assets. However, there can be instances when businesses neglect to effectively manage their intellectual property assets, in view of applicable tax jurisdictions, and such oversight could sometimes lead to unfavorable tax consequences. Shortsighted intellectual property tax planning, for example, could cause a business’s intellectual property […]

The USPTO Proposes a Separate Design Patent Bar

On May 16, 2023, the US Patent and Trademark Office (USPTO) announced a notice of proposed rule that would create a separate design patent bar. The proposed rule would allow more people the ability to practice before the USPTO on design patents. Currently, in order to practice before the USPTO as a patent attorney or […]

What the NFT? The Value in Using NFTs With Your Brand

“What the NFT?” seems to be a longing question with many entrepreneurs and business owners. As technology continues to expand into the digital realm, terms like cryptocurrency, blockchain, virtual goods and NFTs are becoming more commonplace and integral to business development. For a business or entrepreneur, dipping a proverbial toe into this new and emerging […]

“Adapt And Grow:” The Benefits of the Trademark Tacking Doctrine

March 4, 2022 Developing a recognizable consumer brand takes a significant amount of time and money. As such, trademarks, being in continuous use in commerce, barring certain exceptions, would not have a designated expiration date, unlike copyrights and patents. Therefore, maintaining brand recognition for generations may require businesses to update or even change their branding. […]

Invest, Plan, and Protect: The Importance of Incorporating Your Intellectual Property in a Business Plan

February 14, 2022 Investing, planning for, and protecting intellectual property may seem like a simple process, however, patenting an invention often takes years to complete. It is an expensive investment businesses and individuals alike undertake not only to try to obtain strong patent protection in the marketplace, but to ultimately add value to their business. […]

“Where’s the Beef:” Protecting Trademarks In Today’s Digital World

February 4, 2022 “Where’s the beef®” – A classic trademark that first appeared in a 1980s Wendy’s commercial – a trademark that to this day would still make some consumers instantly crave a Wendy’s hamburger. Trademarks are, and have always been around us. Some trademarks can even live in the minds of consumers for many […]

Click, Edit, Post: The Perfect Recipe for a Copyright Lawsuit

January 25, 2022 Click, edit, and post – an action one can accomplish in less than a minute – an action that may have dire consequences under copyright law. Gone are the days where we have to wait for the chance to share our thoughts in the local magazine or newspaper. Instead, we reach for […]

New Trademark Regulations: The Trademark Modernization Act

December 13, 2021 On November 17, 2021, the United States Patent and Trademark Office (USPTO) finalized the long-awaited Trademark Modernization Act of 2020 (“TMA”). President Trump enacted the TMA on December 27, 2020 as part of the COVID-19 Economic Relief Bill. The TMA provides third parties and trademark owners with new tools and procedures that […]

Increase in Trademark Fees, Effective January 2, 2021

November 24, 2020 As if anything else could go wrong in 2020, the U.S. Patent and Trademark Office (USPTO) has announced an increase in a number of trademark filing fees, effective January 2, 2021. For anyone considering a new U.S. trademark application filing as well as anyone having a renewal due, you can take advantage of […]

Have a Game Plan When Seeking to Secure Intellectual Property Rights

July 29, 2020 When attempting to secure certain intellectual property rights, it is best to have a game plan in place before taking the field. This plan should be enacted timely and include provisions to overcome potential obstacles as identified in the plan. As any new sport season brings its normal set of challenges, a […]

Supreme Court Rejects USPTO Rule That Addition of “.com” to a Generic Term is Ineligible for Trademark Registration

July 6, 2020 On Tuesday, June 30, 2020, the Supreme Court rejected the U.S. Patent and Trademark Office’s (USPTO) proposed rule that a generic term, combined with a generic Internet suffix (e.g., “.com’), is generic and, thus, not eligible for federal trademark registration. That means that adding “.com” to a generic term – in this […]

Protecting Digital Content from Copycats and Infringement Claims

May 15, 2020 At a time when social distancing is mandated, gatherings are banned and connecting with loved ones in person is discouraged, people are increasingly looking to bridge the gap in human interaction by using social media. They are producing a wide range of content from music videos to creatively composed posts and memes. […]

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