by evansfox | Apr 11, 2013
A patent applicant can request an examiner interview during most stages of patent prosecution, which allows the applicant to have patentability discussions with the U.S. Patent and Trademark Office (USPTO) examiner reviewing the applicant’s pending application....
by evansfox | Apr 11, 2013
Trademarks In FY 2012 the average time from filing to first Office Action in a trademark application was 3.2 months, and the average total pendency until registration was 10.2 months. That means an applicant will have some idea of whether registration is likely in 100...
by evansfox | Apr 9, 2013
After 20 years of operating a Little Caesars franchise, Sioux Falls Pizza Company, Inc. (“SFPC”) established its own pizza company at the same location. The franchise agreement had terminated, but the franchise alleged the former franchisee was using its...
by evansfox | Apr 9, 2013
In order to qualify for design patent protection, a claimed feature (or combination of features) must be primarily ornamental, not functional. In analyzing each feature, ask the following questions: Is the appearance of the design dictated by the use or purpose of the...
by evansfox | Apr 9, 2013
Most of us are aware of an industry called “product placement” where companies pay to get their product featured in a hit movie or television show. Being seen in a hit movie or television show can boost sales tremendously. In most cases, the product owner pays to be...
by evansfox | Apr 8, 2013
The California Attorney General is aiding the efforts of U.S. fashion designers to fairly compete with overseas clothing manufacturers in China and India. While there are challenges in enforcing rights related to clothing and accessory design, the state’s attorney...
