Magnolia Bakery opened its first store in Greenwich Village, New York over 15 years ago. It is known for its cupcakes. The bakery believes its cupcake...
Trade Dress Series, Part 1: Product Designs – Choosing trade dress, copyright, or design patent protection
Trendsetting product designs are often the crown jewel of a company. Capturing the public’s attention – and pocketbooks – is an asset worth prot...
Negotiating an IP License to avoid future disputes
When negotiating a license agreement, it is important to specify the rights being acquired. This portion of the contract is called the grant clause, a...
Using a non-compete and non-circumvention agreement as part of your IP protection strategy
Clients often come to me with the same scenario: they have a great idea for a new product or service, but to get the business plan together, they need...
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...
Leaving your IP legacy: to whom will you pass down your intellectual property?
An often forgotten issue during estate planning is that copyrights (as well as patents and trademarks) are personal property. As such, they get passed...
Racing to the patent office
The AIA has started a race to the patent office. This will be especially true for technologies where several inventors, research teams or companies ...
The PCT-PPH program
There is a new opportunity being afforded PCT applications (on a beta test or pilot basis) that receive positive results in the international phase to...
Patent Prosecution Highway (PPH) Explained
The Patent Prosecution Highway (PPH) is a program available to some patent applications that have entered the national stage. In order to qualify for ...
Throwing the proverbial kitchen sink into your patent application
Many inventors believe that disclosure limits the scope of their protection. They try to give vague, non-specific examples in an effort to not “...