Intellectual Property Blog

Court Rules Inaccuracies in a Copyright Application Invalidates the Registration

When it comes to the law, details matter. You need to ensure the accuracy of all information you provide when registering a trademark or filing for copyright. Otherwise, you could find the legal protection of your mark or creative work invalidated due to a technicality. That is what happened to Gold Value International Textile, Inc.’s copyright registration. Here are the facts of this case. Was “1461 Design” Published or Unpublished at the Time of Application? […]

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New Rule for Foreign Trademark Applicants and Registrants Begins on August 3rd

Quick reminder: the new rule regarding representation for foreign trademark applications and registrations goes into effect on August 3rd, 2019. Recently, I shared the news that all applicants, registrants, and other parties residing outside of the United States are now required to retain a U.S.-licensed attorney for certain activities.  This includes both filing any application through the United States Patent Trademark Offices (USPTO) and accessing the Trademark Trial and Appeal Board (TTAB).  An Effort to […]

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The Relationship between Your Business’s Trademarks and Your Website’s Domain Name

We live in a digital age. Your website helps you connect with customers and distribute products in ways that we could have never imagined just a few decades ago. Because of this, protecting your website is just as important as protecting your business’s name.  But how exactly does your website play into intellectual property laws?  Your trademarks and domain name (the address that customers use to reach your website) are two separate entities. However, you […]

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Supreme Court Rules Brunetti Has Right to Register Scandalous Trademark

We have been following the story of the trademark application for FUCT that was originally filed with the USPTO in May 2011, in Class 25 for clothing, all the way to the US Supreme Court.  Erik Brunetti, the owner of the trademark FUCT, challenged the constitutionality of the scandalous clause in the Lanham Act which was used by the USPTO to deny the registration of his trademark.  On June 24, the Supreme Court finally made […]

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Foreign Trademark Applicants and Registrants Now Required to Have US-Licensed Attorneys

On July 2, the United States Patent and Trademark Office (USPTO) announced a new rule for applicants, registrants, and parties who live outside the country. They must be represented by a US-licensed attorney for filing applications and all activity with the USPTO and Trademark Trial and Appeal Board (TTAB) proceedings starting August 3, 2019.  This rule was created in an effort to reduce inaccurate and fraudulent trademark filings by foreign parties. In a USPTO press […]

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Tips for Business Owners: What to Do After Discovering Infringement of Your IP – Part 1: Evaluation

Your business’s intellectual property is a valuable asset that is vital to protect. This means actively monitoring for its unauthorized use. If you discover possible infringement, you may wonder what you should do next. Although exact plans of action will vary slightly based on the particular circumstances, there are three consistent steps to the process: evaluation, consultation and, finally, taking legal action. Evaluation To determine if infringement occurred, you must first determine if your material […]

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