Seller Beware: Selling Counterfeit Goods is Trademark Infringement (and a Crime) **Attorney Advertising **
What do bazaars, the internet, and small shops in every major city have in common? They all sell counterfeit items including merchandise, pharmaceuticals, and other goods. And they are all subject to legal prosecution. Big outlets aren’t immune to this, either. According to The Counterfeit Report: Walmart has association with counterfeit goods; both Walmart, and […]
Someone Else is Using the Same Trademark, but They Haven’t Registered It. Can You Still Use It? **Attorney Advertising **
A trademark is a symbol, phrase, or word that is used to identify a product or service for sale. Most of the things you buy or pay money for have a trademark. You use those trademarks to identify those products. Registering a trademark with the United States Patent and Trademark Office (USPTO) will allow you […]
Is Your Trademark Distinctive Enough? **Attorney Advertising **
A trademark may be meaningful. It may be unique, or at least unique to you. It may have a backstory. It may be readily recognizable to your customers. However, if you haven’t registered it yet, you may not know whether it’s distinctive enough to be registered. There are ways to tell whether your trademark is […]
How to Tell If an Older Copyright Has Been Renewed **Attorney Advertising **
Copyright holders today are fortunate in that they do not have to renew registration for their copyright once it’s granted. Under current laws, a copyright now lasts for the life of the author plus 70 years. Anonymous works, works created under a pseudonym, or works made for hire are granted copyright projection for 95 years […]
Patent Protection Is Not Forever: Here’s What to Know **Attorney Advertising **
It’s an exciting time when an inventor develops a solution to a problem not currently known in the marketplace. While the inventor may be eager to share his or her discovery with the world, it’s often necessary to seek out patent protection so that no one else can steal the product or formula before it’s […]
Why Every Business Owner, Entrepreneur, and Creative Should Care About Intellectual Property Rights *Attorney Advertising*
In my experience as an intellectual property attorney, I’ve found that the majority of business owners and entrepreneurs end up creating legal plans and only include the security and maintenance of their intellectual property rights as an afterthought, as a fluke or accident, or not at all. The “accidents” that force a business owner to […]
How to Transfer Ownership of Your Patents Following a Medical Crisis or Death *Attorney Advertising*
Inventors are often presented with many opportunities to sell or transfer ownership of their patents. Usually, a proposal of this sort is a happy and joyful occurrence, meaning that the inventor is nearing a payday and receiving affirmation that their idea or invention could provide a valuable or meaningful contribution to the world. But sometimes, […]
How Foreign Businesses Can Protect Their Intellectual Property Rights in The United States *Attorney Advertising*
In today’s obviously global (and seemingly universal) marketplace, it is understandable that some business owners and entrepreneurs are surprised to learn that their intellectual property is not automatically protected in other countries. Patents, trademarks, and the like are territorial, meaning that they need to be registered in each individual country where protection is sought. There […]
™ or ®: What’s the Difference? ** Attorney Advertising **
Trademarks are distinctive names or symbols of companies, products, or services that distinguish one company’s goods or services from that of their competitors. Registration of a mark helps to deter others from using the same name or symbol to market their own products. There are multiple symbols used to convey the status of one’s trademark […]
The Benefits of Using a Watch Service to “Police and Protect” Your Trademarks from Future Infringements ** Attorney Advertising **
There’s a common misconception among business owners and entrepreneurs that once you receive a trademark that covers your name or brand, you are fully protected and nothing further needs to be done from an intellectual property perspective. Not so. The truth is that registering your trademark with the help of an IP attorney is only […]
