Toll free 888-291-5676 February 2016 Global Intellectual Property (IP) Transactions and Litigation Intellectual Property Intelligence   CAFC: Gov't Can't Censor 'Disparaging' Trademarks 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 the Lanham Act) is an unconstitutional governmental restraint on private speech. Learn more…   From Thomas Jefferson to Michelle Lee; 225 Years of U.S. Patent Law Description As anniversaries go, it may lack the cachet of the 800th anniversary of the Magna Carta or the upcoming 2026 U.S. sestercentennial. But for anyone whose work pushes the boundaries of what mankind once thought possible – from automobiles to antibiotics to Amazon's Kindle – 2015 brought a big one: the 225th anniversary of the U.S. Patent Act of 1790. Learn more…   When Is a Provisional Patent Application a Good Strategy? Invention is not always a linear or straightforward process. It's often messy and organic, with lots of trial and error. And while the inventor is focused on inventing, protecting any associated intellectual property rights may not be their top priority. The Philadelphia patent lawyers at Panitch Schwarze have seen time and again that a legitimate invention may exist well before it is ready to be finalized for commercial production. Learn more…   Prince vs. the 'Dancing Baby': the Evolution of 'Fair Use' Your IP attorneys have discovered a video on YouTube of a baby dancing while your – copyrighted – music plays in the background. The legal team quickly dispatches a takedown notice, claiming infringement. That's a common practice under the 1998 Digital Millennium Copyright Act (DMCA), as artists, writers, photographers, and other content creators attempt to protect the valuable works they have taken the time, energy and talent to create. Learn more…   When Can Customer Information be Considered a Trade Secret? We've recently discussed trade secrets, any information known to you but not to others that gives you a business advantage. While examples such as product designs and secret recipes are good examples of intellectual property that can be treated as trade secrets, we frequently are asked about one business advantage that is not so clear cut: customer information. Learn more…   When Others Can Use Your Copyrighted Material For Free: Understanding 'Fair Use' Most artists, including photographers, writers, musicians, and more, make a living by selling the artistic works they create. Copyright protection gives these artists the exclusive, legally enforceable right to the use of that material. That control, however, is not absolute, and we receive many questions from artists who are concerned about possible infringement of their rights. Learn more…   What is the Status of Patents for Software Inventions, Post-Alice? It has been more than a year since the U.S. Supreme Court issued its decision in Alice v. CLS Bank which ruled that the two-step Mayo analysis should be applied to all patents in determining patent eligibility under 35 U.S.C. 101. Since Alice was decided, the Federal Circuit and District Courts collectively have issued more than 100 rulings on section 101-eligibility of software-related patents. A few clear trends have emerged from these rulings. Learn more…   3 Ways a Competitor Can Legally Acquire Your Trade Secrets Trade secrets are a form of intellectual property protection that are distinct from patents, with which they are often confused. A trade secret is any information that is known to you, but not to others, that gives you a commercial advantage. A competitor that illicitly obtains a company's trade secrets may be liable to legal penalties, provided the company can demonstrate that the information was misappropriated by the competitor. Learn more…   Highlights from Panitch Schwarze   Panitch Schwarze Belisario & Nadel Named a 2016 'Best Law Firm' by U.S. News – Best Lawyers® We are proud to again be named a "Best Law Firm" by U.S. News – Best Lawyers® for 2016. We achieved national rankings in the practice areas of intellectual property litigation, trademark law, patent litigation and patent law. Learn more…     Dennis J. Butler Named Partner We are pleased to announce that attorney Dennis J. Butler has been named a partner of Panitch Schwarze Belisario & Nadel LLP. Focusing his practice primarily on patents, Butler has extensive experience in the preparation and prosecution of patent applications. Learn more about Dennis…     Featured Practice Area – Trademarks Establishing and protecting trademark rights, both in the U.S. and around the globe, is a key component of our intellectual property practice. Our attorneys work to gain a thorough understanding of our clients' business and marketing strategies to ensure that trademarks are both protected against unauthorized use and exploited in a manner that gives our clients assurance that no rights are being violated. Whether counseling small or large businesses, our attorneys have the depth of experience and expertise required to address issues in a wide array of industries. Read more about our trademark practice… Featured Industry – Business Services Our Philadelphia and Wilmington intellectual property attorneys serve businesses of all sizes and in all industries, helping them to safeguard and enforce their intellectual property. We take the time to get to know our clients and their businesses, to determine what needs to be trademarked, if there is anything that needs to be patented, and if there are any trade secrets to protect. Most companies today have brands, business methods, and business tools such as websites, all of which play into the world of intellectual property. Read more about our experience with business services…     Did You Know? The fledgling United States protected trademarks through common law as far back as colonial times, but much of today's trademark system is based upon the Lanham Act. Passed by Congress in 1946, the Lanham Act established the process for registering a federal trademark and defined the protections that registration conveys. Connect with Us Frequently Asked Questions About IP Q: What are the benefits of U.S. trademark registration? A: U.S. trademark rights originate when a mark is used in commerce in association with specific goods and / or services. When considering adoption and use of a particular mark, a company should consider pursuing a federal registration for the mark to more fully protect and promote that brand name. Although trademark rights depend on use and not registration in the U.S., there are a number of substantive and evidentiary advantages to registration. Learn more about trademark advantages… Q: What are the procedures for U.S. trademark registration? A: The U.S. Patent and Trademark Office offers applicants three primary options to pursue and obtain federal trademark registration. The three procedures vary depending upon the types of use and whether the applicant has registration for the identical mark in a foreign country. Learn more about registration procedures…   Visit our website at www.PanitchLaw.com One Commerce Square, 2005 Market Street, Suite 2200, Philadelphia, PA 19103 // (215) 965-1330 Applied Bank Center, 2200 Concord Pike, Suite 201, Wilmington, DE 19803 // (302) 394-6030 Copyright © Panitch Schwarze Belisario & Nadel LLP Panitch Schwarze Belisario & Nadel LLP is a premier intellectual property law firm based in Philadelphia, Pa and Wilmington, De. The firm provides individuals with intellectual property and trademark law legal counsel and representation in copyrights, IP protection, licensing, litigation, patents, trade secrets, trademarks and related matters. The firm prides itself on leadership within the profession and a strong record of success. In some states, this correspondence may be considered attorney advertising. Transmission of this document is not intended to create, and receipt does not establish, an attorney-client relationship. 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