What’s in a Name? Unicorn Latte vs. Unicorn Frappuccino

A rose by any other name may still be a rose, but what about a Unicorn Latte? Starbucks briefly sold a Unicorn Frappuccino for a few days in April. This was enough to become a defendant in a trademark infringement lawsuit, brought by Montauk Juice Company, owners of The End a juice shop in Brooklyn… Continue reading What’s in a Name? Unicorn Latte vs. Unicorn Frappuccino

Post America Invents Act — Inside the “On-Sale Bar” of 35 USC §102

The Constitutional right to obtain a patent is subject to certain limitations, including that an inventor may be barred from obtaining a patent if the invention was sold or publicly disclosed prior to filing the patent application. The America Invents Act (“AIA”) changed the statutory language of 35 U.S.C. section 102 regarding when a prior… Continue reading Post America Invents Act — Inside the “On-Sale Bar” of 35 USC §102

Trademark Applicants – Beware of Scams After Filing TM App

A trademark application filed with the U.S. Patent & Trademark Office contains required information about the trademark applicant, including the applicant’s name and address. The applicant’s name and address are publicly-available, even when an attorney files the trademark application. There are companies that exploit this public information by sending official-looking documents to trademark applicants requesting… Continue reading Trademark Applicants – Beware of Scams After Filing TM App

Design Patents – Year in Review

Companies continue to see the value of design patents.  Nike, Inc. is ranked 5th in the United States in the number of design patents granted to it in 2016, with a total of 275 issued design patents.  Number one on the list is Samsung, with 1,629 issued design patents, above Apple Inc. with 433 issued design… Continue reading Design Patents – Year in Review

Damages for Infringement of Design Patents – Supreme Court Clarifies Rules in Apple v. Samsung

Apple Inc. is known for the number of patents it owns. Apple doesn’t just own patents, it actively engages in enforcing its patents.  This includes a case against Samsung that has been winding its way through the courts for years, where Apple claims that Samsung infringed some of Apple’s iPhone patents.  This case reached the U.S. Supreme Court, and… Continue reading Damages for Infringement of Design Patents – Supreme Court Clarifies Rules in Apple v. Samsung

Tips to Selecting Proper Trademark Classification in Trademark Application

Every trademark application filed with the United States Patent& Trademark Office (PTO) must identify the goods or services that are associated with the trademark.  Failure to properly classify the goods or services in a trademark application may result in rejection of the trademark application. However, choosing the correct trademark classification is not as straight-forward as… Continue reading Tips to Selecting Proper Trademark Classification in Trademark Application

Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand

People often ask about the extent of patent and trademark applications needed to protect the intellectual property of a business.  As shown by Apple, the answer is: as much as possible. Apple, Inc. has $231.5 billion in cash-on-hand. When a company has this kind of cash it can afford to pursue patent applications that others might not pursue due… Continue reading Apple, Inc. and What a Company can do with $231.5 Billion Cash-on-Hand