News & Resources

A Cautionary Tale of Trademark Clearance: Taco John’s and Taco Chon’s

If you are an aspiring small business owner – or in the process of becoming one – you might already have a dream name in mind. Perhaps it carries some sentimental connection to family, friends, or a long-treasured idea of yours. That is all fine and good, but, as you have probably learned, intellectual property lawyers must play the role of the wet blanket – who looks out for your best interests.  Even if your […]

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Quantifying the Financial Value of Intellectual Property Assets

What is the value of your company’s trademarks? What about the patents or copyrights you hold? Is the value of those intangible assets reflected anywhere on the company balance sheets?   Trademarks, patents, and copyrights are often used as collateral for loans that companies obtain from banks. Merger and acquisition (M&A) agreements, if done correctly, include inventories of IP assets (both registered and unregistered) because those intangible assets bring value to the sale of the business.  […]

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CASE Act Enforcement Moves Forward: New Rules to Know

After a thoughtful two-year preamble, the Copyright Claims Board (CCB), precipitating from the 2020 CASE Act, is beginning to take solid form. The final rules for its copyright infringement proceedings were released in late March, to take effect April 25, 2022.   Part of the lengthiness of this process was a comment period on proposed rules. I commend the U.S. Copyright Office for taking the time to receive and apply that feedback. Since the intention of […]

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How a Design Patent Infringement Case Works

Welcome to part two of our two-part series on design patents. In the first part, we covered what a design patent is, what they protect, the increase in design patents over the past several decades, and a few specifics regarding how they work. Below, we are going to focus on design patent infringement, including how the standard has evolved over time and how the courts generally construct design patent claims. The Law on Design Patent […]

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Understanding the Basics of Design Patents

Design patents can be a useful and valuable tool when seeking to protect a new and original ornamental design. This is part one of a two-part series that will delve into the basics to help you in understanding design patents. In this first part, we will focus on what a design patent is, what role they play in the overall universe of patents in the US, and how the patents work in terms of length […]

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Budget and Craft Beer Go Head to Head Over Trademark Confusion

As the days warm, you may find yourself cracking open a cold beer on the porch. If a friend asked you, “Is that a ‘Stone or a Stone?” would you know how to answer? That question is at the heart of a trademark infringement and trademark dilution lawsuit between two brewing companies, Molson Coors (the owner of Keystone Light) and Stone Brewing Co. Founded in 1996, Stone Brewing Co. is a craft beer company, creating […]

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