by Scott Brient | Oct 1, 2024 | Licensing and Strategic Advice, Patents
Over the past several years, design patents have become much more popular than they previously were. This is at least partially because they have proven to be effective in large-scale litigations such as the famous Apple v. Samsung patent infringement cases, where...
by Jennifer Fairbairn-Deal | Feb 29, 2024 | Licensing and Strategic Advice, Trademarks
Trade Dress Basics ❔What is trade dress: Trade dress is a product or service’s overall commercial image (or the “look and feel” of the product or service or its packaging). It can include the design or configuration of a product or the packaging of products. It can...
by Jennifer Fairbairn-Deal | Feb 7, 2024 | Licensing and Strategic Advice, Trademarks
The Pitfalls of DIY Trademark Registration: Why You Need a Trademark Attorney to Help Register Your Mark It seems appealing to handle your trademark registration on your own. It’s just some simple paperwork, right? And it’s cheaper, right? In reality, the application...
by Jennifer Fairbairn-Deal | Feb 2, 2024 | Licensing and Strategic Advice
In a recent precedential decision from a cancellation proceeding before the Trademark Trial & Appeal Board, the Board found that de minimis sales of amplifiers by the Respondent over the past six years in connection with the registered mark at issue constituted...
by Jennifer Fairbairn-Deal | Jan 30, 2024 | Licensing and Strategic Advice, Trademarks
When it comes to protecting your brand, one of the questions that often arises is whether you should get a state trademark registration. And we know the joke about lawyers – they always say, “It depends!” But it really does. First things first: What is a state...
by Jennifer Fairbairn-Deal | Jan 25, 2024 | Licensing and Strategic Advice, Trademarks
In the U.S., federal trademark applications can be filed on either a use or an intent-to-use basis. Each has different requirements and is appropriate in different circumstances. 💡 Use-Based Applications To file a use-based application, you must already be making...