• 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.

  • Time runs out on Omega

    In Omega S.A. v. Alliant Techsystems, Inc., Opposition Nos. 91173785 and 91174067 (April 29, 2015) [not precedential], the Board dismissed watchmaker Omega S.A.’s oppositions to Alliant Techsystems’ application to register a stylized version of Omega and Omega Elite, both with the initial Greek letter Ω as opposed to the Roman...

  • Fake 5-hour ENERGY lawsuit marks first criminal indictment of counterfeiters

    The Northern District of California has recently issued criminal indictments and executed arrest warrants for 10 members of a counterfeiting network that flooded the nation with millions of bottles of fake 5-hour ENERGY, marking the first-ever U.S. criminal prosecution stemming from a food/beverage counterfeiting operation.

  • Katherine Basile named as new partner for Reed Smith LLP

    Basile to join Reed Smith’s Silicon Valley Office as its new partner

  • EU judge rules that Kit Kat shape cannot be trademarked

    The advocate general of the European court of justice, a body that often sets the tone for EU courts, sided with Cadbury, noting that Nestlé’s attempt to register a trademark on the shape of the Kit Kat bar does not comply with UK laws.

  • 5 of the strangest lawsuits making headlines

    KFC’s non-mutant chickens, seizing a biker gang trademark, and three more strange suits in the news.

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