Copyright/Trademarks

  • Confused? Just the Carfax, ma'am!

    In May, in a non-precedential ruling in Carfax, Inc. v. American Automobile Association, Inc., Cancellation No. 92056568 (May 7, 2015), the Trademark Trial and Appeal Board (TTAB) at the United States Patent and Trademark Office (USPTO) granted a petition for cancellation of the American Automobile Association’s registration for the mark...

  • Without intellectual property, everything is free to copy

    If you fail to obtain proper intellectual property protection your invention then falls into the general rule of “free to copy,” in which case you may be relegated to bottom feeding, competing primarily on price, or trying to replicate others’ inventions without running afoul of their intellectual property rights.

  • Top IP lessons from HBO's hit show 'Silicon Valley'

    HBO’s Silicon Valley highlights important of protecting IP right at startups

  • Controlling the Grey Market in the U.S. and E.U.

    This is the first of a series of articles that will discuss new legal developments and strategies in six specific niche areas of brand protection relating to (1) the grey market, (2) FCPA/Regulatory compliance, (3) criminal enforcement, (4) running investigations, (5) online monitoring, and (6) data breaches. This first article...

  • What does cancelation of Redskins’ trademark registration mean for other companies?

    “Any company that employs trademarks based on terms or images that have a perceived historic connection to discrimination would be wise to evaluate their branding strategy …” attorney Howard S. Hogan said.

  • Franchising faces a major threat

    The basic structure of the franchise relationship is that the franchisor provides its franchisees with a trademark, a business system and a certain degree of assistance and the franchisee is an independent businessperson, running his or her own business, including making personnel decisions such as hiring and firing of employees....

  • Federal Circuit repairs ‘cracked’ pretzel logic

    In a recent precedential decision, a unanimous Federal Circuit panel vacated the Trademark Trial and Appeal Board’s decision holding the mark Pretzel Crisps to be generic for "pretzel crackers," and remanded the case to the Board for application of the legal standard set forth in Marvin Ginn.

  • Clean tech construction, part one: Building intellectual property walls

    Clean tech, or green construction, is generally defined as construction that reduces or minimizes the environmental impact in building construction, operation and use. Although those in the construction industry often think of copyrights to protect build-out drawings, floor plans and the like, other types of intellectual property are often overlooked....

  • Supreme Court won’t hear Google’s IP licensing case

    Not long after a landmark ruling (aren’t they all, by definition) about patent licensing in the Kimble v. Marvel case, the Supreme Court decided not to hear a spat between tech giants Google and Oracle that involved a different kind of intellectual property.

  • Your intellectual property provider is bankrupt. What now?

    The Bankruptcy Code provides some protections to non-debtor parties (or counterparties), especially when the contract is an IP license agreement.

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