New Rules and Procedures Intended to Aid Trademark Owners In today’s business world dominated by a proliferation of internet companies, acquiring rights to valuable trademarks and protecting them against infringement has been a daunting, often complicated and frequently expensive undertaking. This has been particularly true for trademark owners initiating and maintaining a civil trademark infringementRead More
Author: Andrew J. Zulieve
Damages in Federal Trademark Infringement Lawsuits
My clients always express concern, and rightly so, with the potential costs and expenses to bring and maintain a trademark infringement claim in federal court, and if successful, what the client might recover as damages. Within this context, it is imperative that the client fully understand from the outset what types of damages are potentiallyRead More
Protect Your Trademark From Committing Genericide
As a direct result of the pandemic, face-to-face communication among groups and with strangers has been virtually suspended. People and businesses alike have come to rely on Zoom as a viable, safe alternative to in person meetings. The general pubic may or may not know that “Zoom” is a trademark owned by Zoom Video Communications,Read More
That Four Letter Word Can Now Be a Trademark
Selecting the wrong trademark for your business can be a big and costly mistake. For example, last January, the U.S. Supreme Court affirmed the federal court of appeals decision that struck down a longstanding federal statute prohibiting registration of any trademark consisting of, or comprising immoral or scandalous matter. At issue was a mark thatRead More
Trade Secret Protection for Valuable Customer Lists
It is without dispute that customer lists can be of considerable value to a company. To maximize protection and value for these valuable assets, the prudent business owner should consider trade secret protection against misappropriation statutes under applicable state or federal law. Courts generally recognize that customer lists are not automatically entitled to trade secretRead More
Contracts: Make Sure There is an Intellectual Property Ownership Clause
If you own a business, you have undoubtedly entered into contracts with others for various purposes. However, you may not be aware of or fully appreciate their legal implications on your company’s valuable intellectual property assets, such as trademarks, copyrights, patents, and trade secrets. These “intangible property” rights and interests may be of considerable valueRead More
My Neighbor Has a Drone
You and your family own a summer cottage in beautiful Downeast Maine. Unfortunately, you and your neighbor have an on-going dispute over some trees on your property which the neighbor complains block his view. Your neighbor owns a drone which he flies over your property whenever you and your family are outside trying to enjoyRead More
USPTO & Changes in Hemp Regulations
On December 20, 2018, Pres. Trump signed into law the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”). The new law provides important agricultural and nutritional policy extensions for five years. The most interesting changes involve the cannabis plant, and its potentially significant impact on the application for and registration of trademarks used inRead More
The Essence of Intellectual Property: Trademarks & Copyrights
The term Intellectual Property is a specialized area of law that has been defined in numerous ways. In essence, the term refers to a creative work that is manifested in a tangible form which is subject to protection by law. These “intangible interests” can be the most valuable business assets of a company which canRead More