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

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

Trademark Specimen of Use — Is “TM” or ® OK to use in a specimen of use?

It is the policy of the  U.S. Patent & Trademark Office (PTO) that trademarks may not be warehoused, or saved for later use.  Therefore, the PTO requires evidence of actual use in commerce before allowing registration of a trademark.  The evidence of actual use is called a “specimen”. Each trademark application must include an acceptable… Continue reading Trademark Specimen of Use — Is “TM” or ® OK to use in a specimen of use?

Good News for Yoga Practitioners and Speech Advocates — Bikram not entitled to copyright his Sequence

On October 8, the Ninth Circuit Court of Appeals in California affirmed a previous ruling by a federal district court that Bikram Choudhury’s sequence of 26 yoga poses is not entitled to copyright protection. The court held that the poses represent an idea or system, neither of which may be protected by copyright. The court… Continue reading Good News for Yoga Practitioners and Speech Advocates — Bikram not entitled to copyright his Sequence

DESIGN PATENTS — The IP Solution for Many Small Businesses

By: Sharon Adams May 2014 The U. S. Patent and Trademark Office (USPTO)  commemorated the issuance of the 700,000th design patent, for a “Hand-Held Learning Apparatus” currently assigned to the Emeryville, California-based LeapFrog Enterprises, Inc. A design patent often is an excellent intellectual property solution for many small businesses, especially businesses selling a product. If… Continue reading DESIGN PATENTS — The IP Solution for Many Small Businesses