We counsel clients how to best protect trademarks, service marks and trade dress. To that end, we research potential marks for conflicting third-party rights. Through this clearance process, clients can avoid issues before investing resources into a mark.
Once cleared, we proceed with securing the mark though domestic and foreign registrations. We are very experienced in filing and prosecuting trademark applications through the USPTO and for the added convenience of clients, we also utilize a network of foreign attorneys to secure registration throughout the world.
In what appears to be another slew of trademark battles, Red Bull energy drinks has challenged the use of the word “ox” in the brand name of a small craft brewery in Virginia. Red Bull filed its opposition with the USPTO against trademark applications from “Old Ox Brewery,” which opened in the northern Virginia suburb of Ashburn in June 2014. Old Ox Brewery is scheduled to produce over 4,000 kegs of beer by December, set for distribution to only a small area of Virginia.
This is only one example of many instances where larger corporations try to stretch the protection of their marks. In the same token, companies and individuals are beginning to seek trademark protection on seemingly generic terms as a means of revenue generation, creating licensing schemes for widely used song lyrics for example. This article explores both practices, their merits, and general strategies when confronting an issue such as these.
“Your Assignment, Should You Choose to Enforce It”: New case law on IP assignment contracts obligates employers to diligently protect their legal rights
The United States Court of Appeals for the Federal Circuit, which hears all appeals involving patent law complaints, recently decided Personalized User Model, LLP, and Konig v. Google, Inc., case 14-1841/15-1022 (Fed. Cir., Aug. 18, 2015), which focused on an employment agreement for the assignment of intellectual property rights. This decision handed down important new guidelines for employers to take when dealing with enforcing assignments of employee’s IP
In this newsletter we discuss the demise of the music sharing service “Grooveshark” and the nuances of DMCA “Safe Harbor” laws for online content service-providers
Elon Musk's Space Exploration Technologies, Corp. (SpaceX) is challenging a patent on which Jeffrey Bezos, CEO of Amazon.com, is a named inventor. SpaceX has initiated an inter partes review stating that the patent belonging to Blue Origins is invalid for obviousness....
In Limelight v. Akamai, the Supreme Court unanimously overturned the Federal Circuit's rule on induced patent infringement. The Court reaffirmed the requirement that induced infringement cannot occur without direct infringement. In the case of method patents, there is...