U.S. Trademark Duration and Renewal Rules How long does a trademark last? In the United States, trademark rights can last indefinitely, but only if the trademark owner keeps using the trademark in commerce. Trademark rights can exist with or without a federal trademark registration. The proper use of a trademark in connection with goods or […]

How to Research Patent Ownership A patent assignment search is typically employed to determine patent ownership and chain of title for relevant competing technologies or potential licensing targets before a deal or dispute is pursued. Anyone can search and find the current recorded ownership for a patent or patent application. An assignment search is conducted […]

Copyrights Incentivize Creative Work and Provide Protection Why are copyrights important? They turn a creative work into a valuable intellectual property asset and give creators and businesses a legal framework to protect, control, and monetize original expression. Under U.S. copyright law, copyright protection arises automatically for original works of authorship as soon as an author […]

How Goodwill Connects with Trademarks, Branding, and Enterprise Value What is goodwill in business? Goodwill in the business context is the intangible value of a company that makes it worth more than the fair market value of its identifiable assets minus liabilities. In plain English, goodwill represents the premium paid for a business because of […]

The Woodall I and Woodall II cases The Disney Moana copyright lawsuit refers to two related federal cases brought by Buck Woodall against The Walt Disney Co., Walt Disney Animation Studios, Buena Vista Home Entertainment, and others: Buck G. Woodall v. The Walt Disney Co., et al., No. 2:20-cv-03772 (Woodall I), and Buck G. Woodall […]

A key tool for creating value with IP assets Intellectual property licensing is a commonplace way for a business owner to monetize intellectual property. It allows for monetization of intellectual property assets without investing in new or further manufacturing or development, and without giving up ownership. In a typical licensing agreement, one party allows another […]

Your Intangible Assets Matter In today’s knowledge-based economy, businesses must understand the value of intellectual property (IP). Intellectual property plays a central role in how businesses create and protect their value. Intellectual property refers to intangible assets that are legally protected, including patents, trademarks, copyrights, and trade secrets. IP is capable of generating substantial economic […]

The unlawful acquisition and use of trade secrets Trade secret misappropriation can cause significant damage to a company. Under federal law, the Defend Trade Secrets Act (DTSA), enacted in 2016, creates a federal civil cause of action allowing a trade secret owner to bring trade secret misappropriation claims in federal court for the unlawful acquisition, […]

Inventions, Patent Drafting, and Patent Prosecution AI for patents is no longer a niche topic. Artificial intelligence, machine learning, neural networks, large language models, and other AI technology (generally referred to as "AI") are changing how practitioners search prior art, analyze data, prepare patent applications, and manage patent prosecution. But the question remains of whether […]

The New USPTO Design Patent Bar As of January 2, 2024, the United States Patent and Trademark Office (USPTO) is accepting applications for the newly created design patent practitioner bar. The design patent practitioner bar is a new form of patent agent license to practice before the USPTO in design patent applications. This new registration […]