How Trademark Rights Can be Asserted Trademark enforcement means taking steps to stop others from using your mark without permission. Strong enforcement preserves your goodwill and prevents consumer confusion. In the United States, trademark rights come from use in commerce, but they are strengthened by obtaining a federal trademark registration. This article outlines key enforcement […]

How is a Patent Infringed? Patent infringement analysis is the process of determining whether a product or process infringes an existing patent. In the United States, patents grant inventors exclusive rights to their inventions for a limited time, and infringing those rights can lead to costly patent litigation and payment of damages to the patentee. […]

Key Differences in Legal Protection for Your Business Business owners often wonder whether to form a limited liability company (LLC) or register a trademark, or both, to protect their new venture. These tools serve very different purposes in U.S. law. Generally speaking, an LLC is a business entity that provides personal liability protection, while a […]

Understanding Trademark Symbols Trademarks are a form of intellectual property that identify a source of goods or services: names, logos, slogans, and other brand elements that distinguish a business’s goods or services. In the United States, business owners commonly use two symbols with their trademarks: TM (™) and ® (R in a circle). Understanding the […]

Challenging Patents After Grant Post-grant review (PGR) is an administrative trial proceeding at the United States Patent and Trademark Office (USPTO) that allows a third party to challenge the validity of a U.S. patent shortly after the patent’s issuance. Conducted by the Patent Trial and Appeal Board (PTAB), a PGR provides a faster, more specialized […]

Balancing Free Speech and Trademark Rights Trademark parodies sit at the intersection of creativity and commerce. From dog toys mimicking famous whiskey bottles to pop songs referencing iconic dolls, parody uses of trademarks can be humorous, but are often legally tricky. When does a playful spoof cross the line into trademark infringement? There is a […]

CMI Purpose, Legal Claims, and Best Practices Copyright Management Information (CMI) is the identifying data that accompanies a creative work, such as title, author, copyright owner, and usage terms. This information is often embedded in metadata or displayed with the work. In the modern digital age, this information plays a crucial role in managing rights […]

Allowing Similar Marks to Peacefully Coexist Trademark coexistence agreements are contracts that permit two parties to use similar or identical trademarks without interfering with each other’s business. Essentially, it’s a formal agreement between trademark owners to avoid conflict by dividing their rights, e.g., by splitting along regions or product lines. These agreements often come into […]

Ensuring Your Patent Claims Are Fully Supported When you apply for a U.S. patent, you can’t just claim an invention. You must also teach others how to use it. This concept is known as patent enablement, a core requirement in U.S. patent law. In simple terms, the patent’s specification and drawings must contain enough detail […]

An Explanation of Counterfeit Marks and Counterfeit Products Trademark counterfeiting is the unauthorized use of a counterfeit mark, essentially unauthorized use of a business's exact trademark on goods or services not provided by the company, with the intent to deceive consumers into believing they are buying genuine products. This form of trademark infringement is a […]