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The following is an edited transcript of my video, What is a Disclaimer in a Trademark Filing? A request for a “disclaimer” from the USPTO is common during the application process, but for many it may not be clear exactly what a disclaimer means. A disclaimer, or a request for a disclaimer by the USPTO, means that particular wording in the mark is considered descriptive and that the applicant is being asked to essentially concede that that descriptive wording in the trademark is not
If you are new to the field of Intellectual Property, you may need help understanding the thickets of jargon in legal documents and formal conversations. Here is a sampling of some of the most important terms you will encounter (and a few that are too intriguing not to mention). In addition, we have put together a comprehensive glossary that can help you further broaden the knowledge of this industry, available for download below.
It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them. With the passage […].
Fish is proud to receive the IP Pro Bono Service Award from the Los Angeles Intellectual Property Law Association (LAIPLA) and California Lawyers for the Arts (CLA). Principal Chris Marchese, a CLA board member who has taken on many IP-related pro bono matters, will accept the award at LAIPLA’s virtual Washington in the West event on January 28. Fish is proud to provide IP-related pro bono services to low-income inventors through its longstanding partnership with CLA and its California Inventor
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
The following is an edited transcript of my video, Why Apply to Register Your Trademark. There are several key benefits to trademark registration. The registration provides so much value, it actually works for the owner 24/7 – what I mean by this is when you’re registered and in the USPTO’s database, anyone searching for possible conflicts for new names or ideas for trademarks could encounter the registration and who knows, it might dissuade them from using something.
The Everyday IP blog series was triggered by a brainstorming session in which we realized how many people — including us, sometimes! — do not think about the connections between commonplace objects and the complexities of Intellectual Property. As we saw in the first installment , the links can be quite significant. Socks, of all things, factor into the early patent laws of the U.K., Europe and the U.S., and indirectly helped bring about the Industrial Revolution.
Steve Schlackman. It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them. With the passage […].
Steve Schlackman. It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them. With the passage […].
With the dramatic increase in trade secret cases since the 2016 passage of the Defend Trade Secrets Act (DTSA), and the large damages awards in many of these cases, it is now more crucial than ever to properly understand how to assess and calculate damages in trade secret cases. Trade secrets can mean big business for companies that hold them, and damages awards for trade secret misappropriation can reach into the hundreds of millions of dollars.
Different types of brand names – like Hotels.com and Travelocity – have different levels of protection. In this episode Erik explains the differences in strength of various trademarks, and shares why his favorite brand names are suggestive. The post Why Suggestive Brand Names Are the Best appeared first on Erik M Pelton & Associates, PLLC.
If you have just taken on the responsibility of serving as an IP counsel in a new organization, congratulations! You are in for an exciting ride, full of innovative projects and positive transformations. However, your early tenure in this position can also be hectic, particularly if you move too quickly without getting the lay of the land.
C.M. Callow Inc. v. Zollinger, 2020 SCC 45 This case is applicable to all types of contracts including those involving Intellectual Property. The duty of honest performance requires that parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of a contract. In a 5-3-1 split decision, the Supreme Court of Canada (the “SCC”) re-affirmed the duty of honest performance in a contract, formulated originally in Bhasin v.
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
At over 5,000 pages long, few have likely read the entire contents of the recently enacted COVID-19 relief bill (known as the “ Consolidated Appropriations Act, 2021 ”). The highlights of the bill, of course, are its economic relief measures, including $300 per week in enhanced unemployment benefits, $284 billion in business loans through the Paycheck Protection Program, and direct stimulus payments to individuals.
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