Green Light on Apple Class Action Suits

On May 13th, the U.S. Supreme Court, agreed that consumers could participate in Apple Class Action lawsuits based on claims that Apple monopolized the after-market in its sales of iPhone Apps. Apple apparently charges App developers a 30% fee for selling apps through the Appstore. This increased fee caused a higher fee for sellers who Read more about Green Light on Apple Class Action Suits[…]

Intellectual Property Law Update

In today’s intellectual property law update, the USPTO (United States Patent and Trademark Office) announced that their electronic system will again be down for maintenance for the entire weekend. Strike 3 Holdings, a prolific adult movie producer, who filed almost 2,000 copyright infringement lawsuits last year, has seen more of its copyright lawsuits dismissed for Read more about Intellectual Property Law Update[…]

101 Series – How to Prepare a Copyright Application

Copyright Registration Since 1978, registering a work of art for copyright protection is no longer required.  While a registration is not required, a copyright registration does provide enhanced rights, including the right to collect monetary damages.  Under federal law, a timely registered copyright allows the author of the work to collect damages which are provided Read more about 101 Series – How to Prepare a Copyright Application[…]

Registered or Not: Know Your Trademark Rights

Whether your mark is federally registered or not, it is protected against would-be commercial exploiters. Trademark Rights Federal trademark law, specifically Section 1125 of the Lanham Act, provides valid trademark owners with a civil action against anyone who: Uses any word, term, name, symbol or device or any combination thereof, or any false designation of Read more about Registered or Not: Know Your Trademark Rights[…]

Block Chain Patent Applications face familiar hurdles

Bitcoin and Block Chains Over the past several years, blockchain and block chain technologies, like Bitcoin and Ethereum have been the latest examples of disruptive technologies.  A disruptive technology is a technology which has the potential of shaking up established businesses and forming the basis of brand new innovations.  Block Chain is talked about as Read more about Block Chain Patent Applications face familiar hurdles[…]

Potato Dispute over Plant Patent in India

Plant Patent Protection Pepsi has sued four farmers in India for growing potatoes which are protected in India under the Protection of Plant Variety and Farmers Right Act (PPV).  The PPV was enacted in 2001 and was supposed to be pro farmer.  Under the PPV, registration of a plant variety provides exclusivity to produce, sell, Read more about Potato Dispute over Plant Patent in India[…]

Trade Dress Protection

101 Series – Trademark Licensing and Franchising

As part of running a business, business owners occasionally need to license their trademarks.  Because trademark licenses typically require that the brand owner control use of their trademarks, the agreements require control over the mark.  However, if done wrongly, a trademark license can accidentally create a franchise.  In some cases a business owner wants to Read more about 101 Series – Trademark Licensing and Franchising[…]

Caution – Cease and Desist Letter

As the owner of intellectual property (a patent, copyright or trademark), you have invested significant time, energy and resources into protecting your patent, copyright or trademark.  What do you do if you find someone is violating your patent rights, for example?  Do you file a lawsuit immediately?  Do you contact the police?  Do you contact Read more about Caution – Cease and Desist Letter[…]

Registering a Trademark used in Commerce

Registering a Trademark Trademarks are protected under state, federal and common law based on proof of actual use of the particular word, phrase, style, design, color, smell or sound.  Registration provides several important benefits, including the ability to obtain monetary damages and certain presumptions after a period of time on the principal registry. Federal registration Read more about Registering a Trademark used in Commerce[…]

How to Patent an Idea (4 steps)

How to Patent an Idea Making money off of your million dollar idea, can be rewarding, but it is not easy. Often times, to become successful, an inventor must build a business around their new product idea, or they must sell their idea to another company. Making millions of dollars off your first idea takes Read more about How to Patent an Idea (4 steps)[…]