Intellectual Property
By: Justin L. Sage
on December 5, 2024
Anytime a potentially commercializable innovation surfaces, the question of whether and how to protect that innovation should be raised, and the factors to consider in answering that question are the same whether you are an individual inventor or a savvy business with extensive R&D operations. The…
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By: Robert A. Greising and Daniel Tychonievich
on August 1, 2024
A federal district court awarded $43 Million dollars in damages for trademark infringement in an infringement and contract dispute suit. The district court determined that profits of an affiliate could be disgorged as damages under the Lanham Act (the federal statute covering trademarks). The…
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By: Robert A. Greising and Daniel Tychonievich
on August 25, 2022
Headlines blare the reminder that educational institutions must regularly don their business robes as well as their academic robes. They should not ignore the typical business tactics for preserving the goodwill and valuable assets of the institution. A school’s brand will likely be one of its…
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By: Brett J. Ashton and Libby Yin Goodknight
on June 8, 2022
While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…
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By: Daniel Tychonievich and Virginia A. Talley
on March 2, 2022
Consulting relationships have become increasingly prevalent in today’s growing tech and entrepreneurial economy. Whether for one’s main gig or side gig, the utilization of consulting arrangements has been further accelerated by exponential growth in accessible technology platforms, widespread…
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By: Robert J. Goode
on July 12, 2020
Your Trademark and the United States Patent and Trademark Office ("USPTO")
1. Do I have to register my trademark with the USPTO to protect my trademark?
No, registration is not necessary for protection, but it does provide additional protection over an unregistered mark.1 Anyone who uses a…
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By: Robert J. Goode
on June 22, 2020
Choosing and Protecting a Trademark
1. What is a trademark?
A trademark can be “any word, name, symbol, or device” (alone or in combination) used to identify and differentiate goods or services from competitors and to indicate the source of the goods or services, even if the source is…
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By: Robert J. Goode
on October 31, 2017
Choosing a strong trademark can be more difficult than it looks. The risk of the mark being used by a third party as well as the risk of the mark being found as merely descriptive of the business, goods, or services offered is cause for concern. While there are many nuances in picking and…
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