Intellectual Property Law Blog

Posts Tagged ‘Intellectual property rights lawyer’

Don’t Fall For It! Trademark Scams and Misleading Notices

August 25th, 2017

Once you submit your application to register a trademark with the U.S. Patent & Trademark Office (USPTO), the application becomes part of a public record. That means your name and contact information can be accessed by anyone searching the records of the USPTO.

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Recognizing Inventor Howard Head

July 7th, 2017

Try as he might, tall and lanky Howard Head never could claim to be truly proficient at the sports he loved. But he could say that he changed them forever. As he explained it when I first met him, he was a frustrated weekend athlete, and he thought that his frustration was linked to the equipment available.

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SCOTUS Rules Trademark Disparagement Clause Unconstitutional

June 22nd, 2017

The U.S. Supreme Court recently ruled that the U.S. Trademark Office’s refusal to register “The Slants” as a trademark for an Oregon-based rock band was unconstitutional. This is a case the trademark attorneys at Panitch Schwarze have been watching closely, as this landmark decision could reshape U.S. trademark law significantly.

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UPC Update: Surprise UK Elections Likely to Delay Start of Unitary Patent System

June 7th, 2017

As we have discussed previously, European Union member countries are completing the final steps to implement an intergovernmental system that will streamline the process for securing and enforcing patent rights across Europe. Having a simpler, centralized system in place will open up a new patent portfolio management strategy for small and medium-sized IP-driven companies.

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USPTO Closer to Recognizing Patent Agent Privilege?

December 9th, 2016

A key element of our justice system, the attorney-client privilege, was put in place to ensure that every citizen can obtain sound legal advice. Confidences discussed with an attorney in order to obtain legal advice are privileged from discovery in litigation. When it comes to the protection of intellectual property rights, patent attorneys, like all other lawyers, enjoy this privilege with their clients.

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Trademarks Update: Supreme Court to Decide Constitutionality of Disparagement Provision

October 20th, 2016

The U.S. Supreme Court is poised to answer a question that has plagued federal trademark law for decades: Does the government have the right to refuse to register trademarks which it has deemed “disparaging?” And, given that the First Amendment prohibits our government from restricting speech, does it make sense to have the U.S. Trademark Office approve or deny trademark registrations on grounds that may limit speech?

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Understanding the Three Types of U.S. Patents

June 2nd, 2016

Scientists who are focused on their research in a laboratory may not be thinking ahead to the future business applications of their discoveries. But protecting the intellectual property developed in the lab should be a critical consideration for all scientists, whether they are working solo or are part of a large R&D department at a major corporation.

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Charged with an IP Crime? Your Lawyer Better Know Science as Well as Criminal Law

May 19th, 2016

When federal agents swarmed the home of Temple University physics professor Xiaoxing Xi and charged him with spying for China, scientists across the country better have taken note. This was an egregious case of an alleged IP crime which turned out to be nothing at all. Unfortunately, it is likely to happen again. Scientists and…

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3 Top IP Moments of 2015

January 7th, 2016

It’s that time of year when seemingly every blog and online publication posts year-end “listicles,” and, for better or worse, we are no exception. It’s more difficult for us, though, because as engineers and intellectual property attorneys, we prefer objective analysis. “Biggest,” “best,” and other superlatives are invariably laden with subjective judgment. In a year…

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CAFC: CAFC: Gov’t Can’t Censor ‘Disparaging’ Trademarks

December 29th, 2015

When we discussed the provision of U.S. trademark law that prohibits the use of “disparaging” words in a registered trademark, we noted that “change may be on the horizon.” On Dec. 22, 2015, the Court of Appeals for the Federal Circuit ruled that at least the prohibition against registration of “disparaging marks” Section 2(a) of…

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