When to File for a Trademark

By: Jason Zaccaro Figuring out exactly when the right time to file an application for a trademark can be difficult for a new start up or business.…


You’ve Won Your Trademark, But Can You Keep It?

By: Michael Goodyear   Once you acquire rights to your company or product name through a trademark, that trademark is not set in stone. On the…


Clarifying an Abstract Idea

  By: Philip Brown A rejection under 35 U.S.C. §101 (“§101 Rejection”) has recently been a common sight for those seeking patents on computer…


Embedding Copyrighted Content: Infringement or Not?

By: Curtis Victor The law, in general, is slow to adapt to technological changes, and the law surrounding copyright infringement provides a great…


Protecting Your Fashion Designs

  A How-To Starter Guide by Student-Attorney Jacqueline Paetzold The Issue: Threatening Designers’ Creative Investments Designers and…


Copyright and APIs: Federal Appeals Court rules against fair use defense in second round of Oracle America, Inc v. Google (2018)

Google's use of APIs were described at trial using the metaphor that Google copied the filing cabinet, but not the files inside In a recent decision,…


The PCT Application – What Is It and Why Does It Matter to Startups?

Patents are territorial; a patent granted in one country has no force beyond its territorial boundary. Simply put, there is no such a thing called…


IP Due Diligence

Your startup is ready for investments, but it may not be as ready as you think. In the growing startup environment, it is important for companies to…


Avoiding Trademark Rejection or Infringement Based on Likelihood of Confusion (Part 2)

In part one of this post, I outlined the ways to find a fanciful name for your business, one that is likely to be unique, unlikely to be confused…


Avoiding Trademark Rejection or Infringement Based on Likelihood of Confusion

 One of the most important steps a new business can take is to file their company or product name for trademark registration with the United States…