Looking For Information On A Particular Topic?
Product Greenwashing
Many consumers are willing to pay a premium for products and services that won’t harm the environment. However, a business which wants to promote “green” products or services needs to be careful. Using “green” terms like “eco-friendly”, and “sustainable” in the wrong way can subject a business to legal liability for false advertising or deceptive marketing claims.
Intellectual Property Rights Audits
Almost all modern businesses use or create intellectual property rights regularly. Operating a business blindly with respect to intellectual property rights is dangerous on many levels. The intellectual property rights audit is one important tool that a business can use to help it secure valuable legal rights and avoid expensive legal trouble.
Inter-Partes Patent Proceedings
A federal court lawsuit isn’t the only way for a business accused of patent infringement to get claims in an issued U.S. patent cancelled. It is possible in some circumstances to send the patent back to the United States Patent & Trademark Office (“USPTO”) for review and cancellation: This can sometimes be far quicker and less expensive than a lawsuit.
Early Steps To Take In Litigation
When on the receiving end of a lawsuit, or a threat of one, there are some important early steps to take that can help towards resolving the dispute cost-effectively and quickly. This post discusses what these early steps are.
Start-Up Joint Ventures
According to a July 2020 article in the Wall Street Journal, Amazon has, in recent years, repeatedly met with startups under the auspices of providing funding or strategic partnerships only to use the proprietary information gained from the startups to launch competing products. Sadly, this type of behavior by [...]
Copyright Early Registration
Under U.S. law the ability to enforce copyrights through the courts, and maximize potential recovery against infringers, requires timely registration of the copyrights with the United States Copyright Office. In this post some of the requirements and benefits of copyright registration are discussed.
Copyright Work Made For Hire Deadline
A business that wants to be assured of complete uninterrupted copyright ownership from the individuals who created the work must timely take the necessary steps to make the business the "author" of the work.
Public Use Deadline For Patent Protection
The premature public use of an invention can cost an inventor patent rights that they may otherwise have been entitled to receive. In this post the public use statutory bar to patent protection is discussed.
On Sale Deadline For Patent Protection
The premature sale of an invention can cost an inventor patent rights that they may otherwise have been entitled to receive. In this post the on sale statutory bar to patent protection is discussed.
Ownership By A Business Of Copyrights
The value of many corporations and LLCs can rely heavily on the copyrights owned or licensed by the business. However, the value of these copyrights can be compromised or lost if a license or assignment for the full life of the copyrights is not properly secured in the business. When securing ownership of copyrights a business in California also needs to be mindful of California's unemployment insurance and labor laws.
About Continuation Patent Applications
There are times when a first-filed patent application discloses patentable subject matter that has not been successfully claimed at the end of the prosecution of the first-filed application. A second application containing substantially the same disclosure of the first-filed application may be filed seeking to claim such subject matter as long as the first-filed application is still pending and a proper claim of priority is made back to the first-filed application. Such a second-filed application is called a "continuation application". This post discusses some of the reasons behind pursuing continuation patent applications.
Trade Secrets: A Basic Overview
For some enterprises trade secrets can be among the most valuable assets. However, care must be taken in order to establish and preserve a trade secret, which is more than just ordinary confidential information. This post discusses the basic legal framework of trade secret protection.
Copyright Protection: A Basic Overview
Copyrights protect original works of authorship, such as literature, images, music, movies, software code, and many other examples. This post gives an overview of the laws that protect copyrights, and answers some of the most frequently asked questions about copyright protection.
Patent Protection : An Overview
U.S. patents provide the exclusive legal right to make, use, offer for sale, sell, and import into the United States, an invention. They are among the most complex of intellectual property rights, and apply to a wide variety of subject matter. In this post a brief overview of patents and the process of obtaining them is discussed.
Trademark Selection Guide
The selection of a good trademark is often a challenging balancing act. This guide provides an important overview of what a business should consider when selecting a trademark.