This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have been uncovered by the exercise of duediligence in a prior action. Marco Destin Inc. Levy et al.,
A main focus in most M&A transactions involves conducting intellectual property (IP) duediligence, including patent duediligence in order to properly assess risk involved in the potential transaction. All too often these issues come up for the first time in duediligence.
Vidal clarified that the agency did not specifically target Chinese fraudulent activity, but has observed that most of the current fraud and blatant misconduct within the PTO can be traced back to China. = = = 11.18 Signature and certificate for correspondence filed in the Office. (a) d) or § 2.193(a) of this chapter.
Duediligence of trademark registrations can get lost in the shuffle. In a complex merger or acquisition, there are many moving parts. But thorough review of brand assets can help avoid pitfalls and maximize the investment. By: Erise IP
Was your trademark application rejected again? It can be frustrating to receive a second refusal in your trademark application. Let’s explore smarter options when your trademark application is rejected again. Need to overcome a second trademark rejection? Trademark rejected again for being merely descriptive?
To make sure you create the right perception for the brand, thorough duediligence is a must. So how do you do proper brand duediligence from an IP (legal) perspective? Professional opinion: Trademark registration is a vital step in today’s era. Let us break it down into four points for ease of understanding.
Hence, more and more mergers and acquisitions involve intellectual property which gives rise to the demand for Intellectual Property (IP) Due-Diligence at the time of Mergers, Acquisitions, etc. Evolving Significance of IP Due-Diligence for an M&A Transaction. of such businesses.
Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney?
Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property law and their impact on patent and trademark strategies. By: Kilpatrick Townsend & Stockton LLP
This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. The Court deemed these claims speculative and unsubstantiated, underscoring the need for tangible, concrete evidence of losses in trademark disputes.
Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property law and their impact on patent and trademark strategies. By: Kilpatrick Townsend & Stockton LLP
But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal duediligence process. But quite often, a company will tout its innovation when selling, but during the duediligence process, it is revealed that the company lacks adequate protection for that innovation.
With growing businesses atmosphere and more strong duediligence in terms of getting aware of their rights, there has been a huge influx in registering of their IP assets. Talking about the United States Patent and Trademark Office (USPTO), the businesses are more into getting a US trademark registration due to its more relevance.
Trademark Collateral Security Agreements. Registered or pending trademarks ( intellectual property) can be used as a form of collateral to secure a loan from a financier. Perfecting a security interest in trademarks and other IP’s is not as clear as it is for other kinds of personal property.
Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.
Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.
The Trademarks Registry declared “Croma” to be a well-known mark on 24 February 2020. It is a settled legal position that the trademark protection extends to domain names. If the domain registrar had carried out even a preliminary legal duediligence, it would not have awarded the domain names in the first place.
The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. With no hidden atrocities the labor intended to be associated with the innovation should be given their duediligence and the public can to emanate from the same.
After previously informing the United States Patent and Trademark Office (USPTO) that the economic harm being caused to broadcasters and rightsholders in the country was a “serious problem”, Malaysia said it had amendments on the table to more directly tackle the illegal uploading, provision, and sharing of access to copyright works.
From the potential hazards associated with adopting artificial intelligence (AI) and the ubiquitous fraud that surrounds copyrights and trademarks to the duediligence required of offshore outsourcing and the fallout of a drop in patent litigation, risks abound. By: BakerHostetler
IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition. OlarteMoure can provide expertise in IP valuation, duediligence, and transaction structuring, which is valuable to both IP owners and investors. such as in the ASIA IN program.
Grace Kim focuses her practice on patent prosecution, client counseling and strategic portfolio development, clearance investigations, patentability analysis and duediligence investigations. She earned her B.S. from the University of Minnesota before receiving her J.D. from William Mitchell College of Law. .
In this episode of Trending Now - An IP Podcast, Janet Cho and Elizabeth Davenport provide helpful tips for anyone interested in trademarks and the duediligence process, including search options and the utility of such research. By: Williams Mullen
Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property (“IP”) law and their impact on patent and trademark strategies. Kilpatrick Townsend recently held its annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar).
On the side of the licensee, each one will need to have separate duediligence for each IP holder. In the case of an exchange, such duediligence is met by the IP exchange itself. Information with regards to the ownership and validity needs to be checked.
IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition. OlarteMoure can provide expertise in IP valuation, duediligence, and transaction structuring, which is valuable to both IP owners and investors.
Culhane’s work entails counseling on patent prosecution, duediligence, and patentability and freedom-to-operate matters. Crystal Culhane draws upon her Ph.D. in chemistry from John Hopkins University to help clients ensure their life-saving drugs and inventions go to market.
What this is: Due to the increasing value and importance of trademarks and patents in secured transactions, searching the public records of the US Patent and Trademark Office is becoming a standard part of UCC duediligence.
Before entering into cooperation agreements with businesses, developers and government institutions, including R&D centers or universities in China, foreign rights holders should conduct proper duediligence of their future partners and the related projects should be secured by registration of any relevant IP (patents and trademarks in primis) (..)
Trademarks form a key asset in many business transactions, but overlooking important details and traps for the unwary can lead to unintended consequences. In this one-hour webinar, we cover the fundamentals of protecting trademark rights in the context of an array of transactions, including: Assignments.
on banking regulations and its observations on the use of trademark as collateral. patents, trademark and copyright. Note that even the patent and trademark law requires mandatory registration on the transfer/assignment of intellectual property (Section 45 Trademark Act 1999; Section 68 Patents Act 1970).
How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing duediligence necessary to ensure a smoother examination process. Need to register a trademark?
Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.
In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. What Is A Trademark & How Does It Impact NFT Drops? A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace.
The original trademarks have expired and the NFT website uses a new logo, so they can use the brand. “We cannot disclose specifics about the acquisition, but we can say that it was quite a lengthy process last year to acquire all the assets, put them all together and conduct the necessary duediligence to get the brand back to market.”
With such staggering growth in one industrial sector, it is not only ripe for an influx of trademark registrations, but also numerous trademark infringement disputes. from registering its logo as a trademark. Patent and Trademark Office (“USPTO”) denied Oak Park Brewing Co.’s could register its logo as a trademark.
Contrarily, the term “intellectual property” (IP) refers to a wide range of exclusive rights over intangible properties, including patents, trademarks, copyrights, geographical indications and appellations of origin, design rights, protection of plant varieties, traditional knowledge, and trade secrets. IP duediligence.
Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? The author decided to search the Canadian Trademark Database for information on what had been registered under the mark "Ogopogo". This, much to the chagrin of…other Okanagan cities. And the database only goes back to 1991.
Intermediaries should, however, put in place minimum safeguards to preclude trademark infringement. One of the least steps it can take is to merely inform the concerned trademark owner of potential infringement – if the trademark owner has an online presence. The matter then falls under the domain of the trademark owner.
Fish & Richardson has been recognized as a top national trademark law firm for the 11 th consecutive year by World Trademark Review ( WTR ) 1000. The following trademark attorneys were recognized for top rankings in their practice areas: Keith Barritt (Washington, DC).
AllState Insurance Company (“Allstate”) recently filed a lawsuit against Kia Motors (“Kia”) for trademark infringement over the use of the two words “drive” and “wise.” The post A Trademark Fight Over Nearly Identical Names: Is There Confusion? By: Sharon Urias, Esq. Both companies use the words as monikers for their products.
The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.
She has experience in all phases of litigation, including pre-filing duediligence, document collection and production, fact and expert discovery, depositions, discovery hearings, claim construction hearings, and trial. district courts, with a particular focus on patent, trade secret, and trademark litigation.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content