Is it Safe to Use a “Dead” Trademark?

Cancellation of a trademark registration does not extinguish common law trademark rights. If the owner continues to use the mark after abandonment or cancellation by the USPTO, that owner will still enjoy common law protections allowing for use within the current “zone of commerce.”  While it may possible to register a canceled or abandoned mark,Continue reading “Is it Safe to Use a “Dead” Trademark?”

Louis Vitton Doesn’t See the Humor

A hand bag company called My Other Bag (MOB) has been engaged in a long legal battle with Louis Vitton.  The company claimed that MOB’s canvas tote bags depicting images of Louis Vitton bags was an infringing use of their copyrights and trademarks and was diluting their brands. The District Court for the Southern DistrictContinue reading “Louis Vitton Doesn’t See the Humor”

Use Caution When Threatening an IP Action in the U.K.

“Threatening” a potential infringer for acts performed in the UK will now be governed by a new Intellectual Property Unjustified Threats Act. The act took effect on October 1, 2017 and outlines “permitted communications” between potential adversaries in patent, trademark and designs.  It should be noted that the act will not apply to copyright infringements,Continue reading “Use Caution When Threatening an IP Action in the U.K.”

Number of Patents for Cannabis Grows

A recent Forbes article notes that nearly 1500 utility and plant patent applications have been filed since 1942.  Half of those applications were filed in the last 25 years and there are 500 active patent applications for cannabis related products.  The data shows that about half of these applications have been approved.  CLICK HERE FORContinue reading “Number of Patents for Cannabis Grows”

The Defend Trade Secrets Act: Suggested Steps for the Protection of your Trade Secrets

 Written by: Hilary J. Sumner, Esq.  What is DTSA? The Defend Trade Secrets Act (DTSA) was signed into law on May 11th, 2016. This law creates the first federal civil remedy to address the misappropriation of trade secrets. Prior to the enactment of this law, civil trade secret actions were governed primarily by individual stateContinue reading “The Defend Trade Secrets Act: Suggested Steps for the Protection of your Trade Secrets”

Are Culinary Creations Protected by Copyright Law?

While copyright law will not protect utilitarian articles, it will protect the creative expression in making those articles.  As a result, expressive culinary works may be protected by copyright law. Additional IP protections may also be available such as design patent, trademark and trade secret law. CLICK HERE FOR FULL ARTICLE

Google Applies for Patent for Vision Enhancement Device Injected Directly into the Eyes

Google has recently submitted a patent for a device injected directly into the eye. The device contains storage, sensors, a radio, a battery and an electronic lens and is powered wirelessly from an “energy harvesting antenna.” CLICK HERE FOR FULL ARTICLE