The Supreme Court recently granted a petition for writ of certiori in Helsinn Healthcare S.A. v. Teva Pharm. USA, Inc. The court will be asked to determine whether the Leahy-Smith America Invents Act (AIA) bars an inventor from selling to a third party when that third party has a duty of confidentiality to the seller. Continue reading “Supreme Court to Hear On-Sale Bar Case”
Category Archives: Business
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?”
Entrepreneurial Advice from Some of the World’s Leading Renaissance Men
Successful entrepreneurs like Elon Musk say it is not failure that most people regret, but inaction. CLICK HERE FOR ARTICLE
Can A Copyright Be Validly Transferred by Simply Accepting On-line Terms?
A recent 4th Circuit case considered whether a copyright can be validly transferred by simply clicking “yes” to a website’s terms of use. In this case an online real estate site required users to accept the site’s terms of use (TOU) prior to uploading photos. The TOU noted that all images become the “exclusive property”Continue reading “Can A Copyright Be Validly Transferred by Simply Accepting On-line Terms?”
Pitfalls of Trademark Use in Advertising and Promotion
Be cautious when using the trademarks of others… even when you are simply advertising a product or promoting something as mundane as the “Super Bowl” or “March Madness.” Both of the terms used in the aforementioned example are federally trademarked and that trademark should be noted in any advertising or promotional material. You should neverContinue reading “Pitfalls of Trademark Use in Advertising and Promotion”