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March 17, 2020 In the world of intellectual property, it is essentially business as usual as many examiners at the United States Patent & Trademark Office (USPTO) have been tele-working for years. Although, their tele-working set-up has not been without some changes. As of March 16, 2020, the USPTO will remain open for business and […]
A Los Angeles-based attorney has taken it upon himself to attempt to teach Prince Harry and Meghan Markle of England’s royal family a lesson in global intellectual property law. It’s likely that the intricacies of trademark law may come into play to establish who actually has the senior status in the U.S. Earlier this month, […]
Clothing your trademark license with certain contractual provisions can possibly cover an otherwise uncomfortably bare exposure. An owner of a trademark has a duty to ensure the consistency of its trademarks, as well as the good(s) and/or service(s) under which its trademarks are used. If a trademark owner enters into a license agreement and fails […]
In the never-ending quest to prove to consumers that a product is truly unique, manufacturers in recent years have begun to seek trademark protection on intangible brand qualities, such as scent. In 2014, Verizon registered a “flowery musk scent” as a trademark to pump into their larger retail stores in order to distinguish itself from […]
Effective August 3, 2019, the United States Patent and Trademark Office (USPTO) will require all applicants, registrants, or parties (including Canadian attorneys) not domiciled in the United States to be represented by a U.S. attorney before the USPTO. This new requirement is in response to a recent surge in filings from foreign applicants, in an […]
Beginning June 17, 2019, sweeping changes to Canadian trademark laws will finally be in effect. The transition comes after longtime lingering rumors. United States entities that conduct business in and are trademark owners in Canada should be aware of some of these key changes. The ultimate goal is to align Canadian practice with other jurisdictions […]
The National Collegiate Athletic Association (NCAA) is playing defense once again to protect its valuable trademarks for MARCH MADNESS® via a trademark opposition. In short, if a party determines that it could be harmed by the registration of another party’s mark, they can file a trademark opposition against the potential registration of that other party’s […]
Once reserved for sailors, ex-cons and members of biker gangs, tattoos today adorn the arms, legs, necks, torsos and faces of more than 45 million Americans, roughly 13 percent of our nation’s population. The extraordinary proliferation of tattoos―and their elevation to art―has created a thought-provoking challenge for intellectual property attorneys. A series of high-profile lawsuits […]
On March 4, 2019, the U.S. Supreme Court unanimously ruled that a copyright owner must have a federal copyright registration in order to sue a potential infringer in federal court. Simply filing a federal copyright application is not enough to file a federal suit. The decision comes after the court agreed to review a copyright […]
Why would someone, or some business, want to file for or ultimately obtain a patent? The short answer is that there are many different answers and reasonings, and inventors, entrepreneurs and businesses should make a balanced assessment on an ongoing basis. What a patent provides is not a right to do something or have something. […]
The European Patent Office (EPO) implemented two guidance changes in November that state that no patents may be given on artificial intelligence. The move on artificial intelligence patents mirrors the EPO’s stance on software, which is also prohibited, on a per se basis. The office’s latest changes directly offer long-awaited clarity for U.S. entrepreneurs and businesses seeking […]
Walter | Haverfield attorney Jamie Pingor advises companies to adopt social media policies that protect their brands and limit what employees may post on their personal pages. His article appears in Crain’s Cleveland Business.