YourBrand™ or YourBrand® — The Difference Between Common Law and Federal Registration of Trademarks

As a trademark attorney, I can attest to the importance of having a federally registered trademark. However, even if you do not have federal registration, you may have common-law protection if you’ve been using a trademark in commerce. Federal registration is obtained by filing a trademark application with the U.S. Patent & Trademark Office. The application will… Continue reading YourBrand™ or YourBrand® — The Difference Between Common Law and Federal Registration of Trademarks

Copyright Trolls Update

A previous article discussed how Getty Images, Inc. and other image licensing companies routinely send out demand letters claiming copyright infringement based on a one-time or accidental use of an image in a blog or other online forum.     If you are the recipient of such a letter, the first thing to check is… Continue reading Copyright Trolls Update

Design Patent for Consumer Products

In today’s competitive marketplace a successful business product will likely draw competition, and competitors may try to copy the successful product.  This is especially true in the field of consumer products. A design patent is a cost-effective way to protect successful consumer products from infringement. A design patent protects the design of an invention.  Often,… Continue reading Design Patent for Consumer Products

Trademark Basics

Trademarks are an important business asset.  Trademarks have different aspects.  A trademark can function as a brand name to identify the goods or services provided by a business.  Trademarks are also an aspect of the “goodwill” of a business, and can be important in business valuation A trademark identifies the source of the goods or… Continue reading Trademark Basics

CA Social Purpose Corporations – Annual Shareholder Report

A California Social Purpose Corporation is formed pursuant to Corporations Code sections 2500 et seq. Social Purpose Corporations are required to provide annual reports to shareholders no later than 120 days after the close of the corporation’s fiscal year.An outline of these requirements is provided below. Detailed requirements for this annual report are found in… Continue reading CA Social Purpose Corporations – Annual Shareholder Report

Patent Claim Drafting – Use of “OR”

It is surprising to read a Federal Circuit case on patent claim construction, delving deeply into the difference between “and” and “or”, referencing Stunk & White — and incorrectly writing “of” when the court meant to use “or” in a quote from Struck & White! The Federal Circuit wrote: “A common treatise on grammar teaches… Continue reading Patent Claim Drafting – Use of “OR”

Bloggers Beware – Copyright Trolls on the Prowl

Certain large companies, including Getty Images , routinely send out demand letters claiming copyright infringement based on a one-time or accidental use of an image that Getty Images claims is protected by copyright.  However, the actual validity of alleged infringement is rarely, if ever, tested in court.  Getty Images seems to have perfected the “price… Continue reading Bloggers Beware – Copyright Trolls on the Prowl