In the past year, I have dealt with one issue more times than I have in the previous ten years of practice: correcting or changing the applicant name in a trademark application during prosecution. Apparently trademark applicants are mis-identifying themselves…
In honor of the Rubik’s Cube craze that has recently hit the Galvani household, we decided to take a closer look at how this iconic toy was created and what type of intellectual property protection it has enjoyed over the…
Trademark owners will soon have a shorter office action response deadline. Beginning December 3, 2022, the Trademark Office will cut the normal six-month response period to just three months. When a trademark application undergoes examination, the Trademark Office sends an…
Clients often file a provisional application and then file a non-provisional patent application on the same or similar subject matter within a year. Clients and attorneys sometimes loosely refer to this as converting a provisional application into a non-provisional patent…
A trademark coexistence agreement is an agreement between two parties about their respective use of the same or similar trademarks. They generally allow two trademark owners to use identical or similar marks, usually in a manner designed to avoid consumer…
Many sophisticated business contracts contain limitation of liability clauses. By contractually limiting your liability, you can better plan for your level of exposure in the event something goes wrong. Limitation of liability provisions can be helpful risk management tools if…
An author is petitioning the Supreme Court for the second time, arguing that Texas A&M should be liable for copyright infringement after copying an important page from his book. The case raises questions that the Court has touched upon before:…
Earlier this year, Crumbl Cookies sued two competitors. Crumbl started in Logan, Utah, not far from where I happen to be writing this today in Bountiful, Utah. Crumbl sells large ornate cookies in pink boxes and has a menu that…
Trademarks are assets of a company. Just like any other asset, they can be bought and sold. However, unlike other assets, trademarks cannot generally be sold by themselves. In other words, a trademark must be sold with something else, something…
I have been in Boston the past week, and while visiting Faneuil Hall, my family noticed a storefront sign that felt familiar, shown at right. Faneuil Hall is a nearly three-hundred-year-old building that a rich merchant, Peter Faneuil, had built…