Intellectual Property Blog

Monthly Archives from July 2020

I Invented a Word. How Do I Trademark or Copyright It?

“I invented a new word. How do I trademark it?”  This is a question I was asked by a potential client this week. My response was, “What is the product or service?”  There was a long pause. A word is not a trademark — unless it is used to identify a product or service for a business in commerce and distinguishes the products/services from others.  Historically, a tradesmen who crafted a knife, tools, or guns […]

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The Trouble with International Students and Online Courses — What You Need to Know Now

Due to COVID-19, SEVP instituted a temporary exemption earlier this year.  It allowed international students to take more online classes for the spring and summer semesters than normally permitted for the purposes of maintaining a full course of study, which enables them to keep their legal F-1 and M-1 nonimmigrant status. Under the proposed modifications, international students will not be able to obtain a visa to come here or remain in the US if their […]

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Discover How to Complete Form I-9 Under the New Flexible Rules. USCIS Shows Us How.

In an unusual move, USCIS recently posted examples of annotated Forms I-9 as guidance for employers. They cover both remote employment authorization inspection and performing the required physical inspection once normal operations resume. All told, USCIS provided seven Form I-9 examples.  These are meant to assist employers with documentation resulting from the temporary policy allowing employers to inspect Section 2 documents remotely using video, fax, email, or other. Currently, this flexibility is set to expire […]

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Now That the Supreme Court Upheld DACA, Marks Gray Explains What It Means for Employers, Dreamers, and Their Loved Ones.

The Deferred Action for Childhood Arrivals (DACA) program has protected and provided employment authorization for about 700,000 undocumented immigrants brought to the country as children, known as “Dreamers.” DHS tried to terminate DACA — but the Supreme Court overruled them. Why Did the Supreme Court Side with the Dreamers?  Justices found that DHS failed to comply with procedural requirements that demanded a reasonable explanation for terminating the program. In their decision, the Court found that […]

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Maintaining Your Intellectual Property in the Midst of a Pandemic

Businesses everywhere are feeling the effects of the COVID-19 pandemic as the virus sweeps across the globe. In the midst of a pandemic, owning a business still comes with the responsibility of keeping up with legal priorities. Now more than ever, it’s important to pay special attention to your intellectual property. Keep reading for a few tips to help you stay on top of your legal responsibilities. Protect your trademarks It’s easy to let deadlines […]

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In the Eyes of the Consumer: US Supreme Court Rules “” Is Protectable Mark

Written by Guest Author, Marks Gray Summer Law Clerk Julianna R. Favale On Tuesday, June 30, 2020, the United States Supreme Court, in an 8-1 ruling, upheld a lower court ruling that “” is eligible for federal trademark registration. It was a long time getting there for the online travel company. Beginning in 2012, B.V. filed numerous applications to register as a trademark with the United States Patent and Trademark Office. However, the […]

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