The Significance of Quality Control in Trademark Licensing and the Doctrine of Naked Licensing Trademarks serve as source identifiers, enabling consumers to distinguish the goods or services of one party from those of others. This function allows consumers to rely on trademarks as indicators of consistent quality, fostering valuable goodwill associated with the mark. Trademark […]

Copyright Law in the Age of Generative Artificial Intelligence: Legal Treatment of AI-Generated Written, Audio, and Visual Works The rise of generative artificial intelligence (AI) has introduced dramatic shifts in creative industries. As generative AI tools become widely used in generating images, music, literature, and more, critical legal and policy issues surrounding authorship, originality, ownership, […]

Being Rejected Based on Your Own Work Double patenting is a doctrine in patent law aimed at preventing the improper extension of patent rights through multiple patents covering the same invention or an obvious variations of an earlier invention by the same party. The difference between a double patenting rejection and a standard anticipation rejection […]

Not all patents are created equal. A common misconception in patent law is that a granted patent remains enforceable until its expiration date. However, patents are not invincible; they can be challenged and invalidated at any time if they fail to meet statutory requirements. A patent's enforceability is contingent on its validity, and numerous legal […]

What is the Difference?  What Does This Mean for Your Business? Business owners are often confused about the differences between trade names and trademarks. It is often assumed that establishing a trade name through a corporate registration or business license automatically grants trademark rights, but this is incorrect. While both terms relate to a business’s […]

How Does a Trademark Registration Become Incontestable? What Does Incontestability Mean? Securing a federal trademark registration provides its owner with several substantial benefits, including a presumption of rights in the registered mark, nationwide rights, and many enforcement benefits. However, many business owners are unaware of the enhanced legal benefits available once a registered mark reaches […]

An Indication of Non-Obviousness in Patent Law One of the requirements to be granted a patent under US patent law is that the invention is not obvious in view of the technology that has come before the invention ("prior art"). There are many bases for demonstrating that an invention is non-obvious. One special form of […]

What is Obviousness? One of the central concepts in patent law is "obviousness". An invention must be non-obvious in order to merit patent protection. The core of determining whether an invention is obvious is whether the claimed invention would have been obvious to a person of ordinary skill in the art based on publicly available […]

Are Gray Market Sales Legal in the US market? The issue of gray market goods presents significant legal and economic challenges for brand owners, authorized sellers, and consumers. The gray market, also known as parallel imports, involves the sale of genuine products through unauthorized sales channels. These gray market activities are distinct from counterfeiting, as […]

Understanding Patent Claims A patent claim defines the scope of protection granted to an inventor by the Patent Office, outlining the specific aspects of an invention that are legally protected. These claims are legally binding statements that establish the boundaries of intellectual property rights, determining what is covered under the patent and what falls outside […]