The USPTO will evaluate in 2013 whether the US should develop a small claims proceeding for lower-value patent enforcement actions. In the US, all p...
Design patent or trade dress?
Deciding Between Design Patent and Trade Dress Design patents have a 14 year lifespan under patent law. Trade dress is a form of trademark protection ...
US IP laws that target gray market goods
Gray market goods are products with legitimate copyright or trademarks that are authorized for sale in one country, but then imported without authoriz...
The South Butt: a trademark infringement story
This story tickles my funny bone. A 16 year old student, Jimmy Winkelmann, started a company called The South Butt, producing a clothing line that was...
Wisconsin trade secret case highlights importance of “formalities” in proprietary discussions
Fail-Safe, LLC v. A.O. Smith Corporation (decided by the Seventh Circuit Court of Appeals on March 29, 2012) is a reminder how important it is to get ...
Patent infringement and common defenses
Patent infringement occurs when someone makes, uses, markets, advertises, sells or imports a patented invention or, in some circumstances, its equival...
Wikipedia blackout and IP protection
Beginning at midnight (EST) on January 18, 2012, Wikipedia – arguably the most popular free online encyclopedia- blacked out use of the English site...
Importance of timely response in trademark litigation
If you find yourself on the receiving end of trademark cancellation proceedings, it is important to know what response is expected in each step of the...
Trademark Cancellation Proceedings
There are two ways to oppose the registration of a trademark: opposition proceedings and cancellation proceedings. If the mark is still undergoing pro...