Intellectual Property Law can be a very confusing topic of conversation with clients, businesses, and friends. Today we are covering our first topic in our recurring Frequently Asked Questions series. Our first topic will cover Trademarks. What is a trademark? Trademarks can be any word, slogan, symbol, design or any combination of these. Some non-traditional trademarks can be a sound, color or smell. A trademark is a brand associated with goods or services to distinguish […]Continue Reading
So You Want a Trademark for Your Herbs?
A major shift is happening in this country regarding the legalization of marijuana. At least four states have legalized marijuana and more than twenty states have passed laws permitting the use of marijuana for medical issues. As entrepreneurs open up their new businesses selling marijuana and accessories they want to brand their businesses and products. These entrepreneurs are encountering obstacles under federal law when they file trademark applications with the United States Patent and Trademark […]Continue Reading
How to Prevent an IP Nightmare
Originally Published on the Marks Gray Blog In the arena of buying and selling businesses, the tangible elements involved are often the first items that come to mind. Most brokers, agents, and business owners always remember the basics such as financial statements, deeds, and contracts. However, there are key elements of businesses and business structures that are often never taken into consideration during the selling process, specifically Intellectual Property. Intellectual Property is often overlooked by […]Continue Reading
IP 101: Are Your Intellectual Property Assets Protected?
Cover Your Assets: Identify and Protect your Business’ Intellectual Property Original Article Posted on the Marks Gray Blog – Tuesday, June 28, 2016 Written by Crystal T. Broughan, Intellectual Property Attorney and Shareholder at Marks Gray, P.A. Do you have an inventory of your company’s intellectual property (IP) assets? Do you even know what is considered an Intellectual Property asset? Intellectual Property is everywhere in the world of business and business owners should make sure […]Continue Reading
The Federal Defend Trade Secrets Act: Thoughts for Employers and Business Owners
Original article posted on the Marks Gray Blog on June 15, 2016, here. In May 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA or Act). The Act brings the federal protection of trade secrets on par with corresponding laws that apply to the other pillars of intellectual property, copyrights, patents, and trademarks. What is a trade secret – The Act broadly defines “trade secret”: (3) the term “trade secret” means all […]Continue Reading
Intellectual Property Law Updates: “Stairway to Heaven”
Led Zeppelin fans were pleased to hear that a California jury in a copyright infringement case issued a verdict that the Defendants, members of the Led Zeppelin band and others, did not commit copyright infringement when they wrote and performed the musical composition “Stairway to Heaven”. The exact question answered by the jury on the verdict form was, “Do you find by a preponderance of the evidence that original elements of the musical composition Taurus […]Continue Reading