Intellectual Property

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Many businesses work hard and invest heavily to develop and protect their intellectual property rights, including trade secrets and proprietary processes, designs, and know-how.  However, special rules apply in determining ownership of these intellectual property rights when the work product is created by employees and independent contractors or consultants, particularly in a technical or creative role.  In some cases, these special rules can result in an unpleasant surprise for companies that do not take proper steps to protect their proprietary rights.  This post will summarize some key considerations for your business. Under U.S. law, whether a company automatically owns inventions…
Big weekend! Taylor Swift has re-released her 2008 album “Fearless” to claw back ownership of, and agency over, her music after the much publicized sale of the original master recordings to a private equity firm. The release, of course, is taglined, “Taylor’s Version” – but what is the (copyright) legality behind how Taylor was able to make the re-release happen? Read on for…..some of the best cocktail knowledge you’ll get from me this year. A “Bundle of Rights” – Made Even Larger in the Context of Music Copyright “rights” are referred to as a “bundle of rights” that their owner…
As trademark attorneys, we get the absolute luck to work with marketing firms and graphic designers a lot.  It is a lot of fun to work with such creative professionals. One thing that I hear from them over and over again is “Branding is so much more than trademarks!”  I agree! But since I am just a simple trademark attorney, that is what I can help clients address.  I didn’t learn about branding in law school.  However, as a business owner and through years of discussion, I’m starting to get an idea of what it is and what it isn’t.…
The Center for Health and Wellness Law, LLC helps a lot of start-ups. The founders of these newly formed businesses often have methods or devices that they have invented, or logos, slogans or business names that are unique. Should they protect those inventions, logos, slogans or names? The short answer is yes. But the long answer requires diving into whether the wellness professional is willing to invest their resources in obtaining such protection. It can be a long, expensive, and grueling process, particularly for patents, and particularly if you go it alone. Here are some examples of intellectual property wellness…
On September 17, 2020, the U.S. Patent and Trademark Office (Patent Office) launched a new pilot program in an effort to incentivize inventors to find solutions to COVID-19. Under the new pilot program, filing fees for provisional patent applications may be deferred and, in some cases need not be paid at all if certain conditions relating to COVID-19 are met. The pilot program is reserved for provisional patent applications filed under 35 U.S.C. 111(b). Nonprovisional patent applications or international applications designating the United States are not eligible for participation. Currently, inventors enjoy the economic advantage provided by the patenting right…
Here we are. We know our company has value and so does the trademark.  That means I often look at it through a final set of lenses.  Those are succinctly put: Offense Defense Increase value Other third party considerations (a/k/a Amazon told me to) Offense:  Are we wanting to swat down people trying to pretend they are us? Those darned SCRUBBIEDUB imposters begone!  If yes, that means we are going to take proactive measures to do so including take-down demands and maybe even sue.  Yes, we will spend the money to do it – sometimes a lot of money.  Beware,…