If you use a piece of another artist’s work in your own artwork, can you confidently proceed, knowing that the “fair use” defense under copyright law will save you from a lawsuit? In the current state of American IP law: No. Fair use came about as a way to respect a...
Year: 2022
Five Key Points you should know about the Long Awaited Premium Processing Options
After decades of asking, USCIS finally expanded its premium processing service to include additional immigration petitions and application types. Here are the key points that you need to know: 1 - The initial expansion will apply to these categories: Forms I-140,...
A Cautionary Tale of Trademark Clearance: Taco John’s and Taco Chon’s
If you are an aspiring small business owner – or in the process of becoming one – you might already have a dream name in mind. Perhaps it carries some sentimental connection to family, friends, or a long-treasured idea of yours. That is all fine and good, but, as you...
Quantifying the Financial Value of Intellectual Property Assets
What is the value of your company’s trademarks? What about the patents or copyrights you hold? Is the value of those intangible assets reflected anywhere on the company balance sheets? Trademarks, patents, and copyrights are often used as collateral for loans that...
CASE Act Enforcement Moves Forward: New Rules to Know
After a thoughtful two-year preamble, the Copyright Claims Board (CCB), precipitating from the 2020 CASE Act, is beginning to take solid form. The final rules for its copyright infringement proceedings were released in late March, to take effect April 25, 2022. Part...
How a Design Patent Infringement Case Works
Welcome to part two of our two-part series on design patents. In the first part, we covered what a design patent is, what they protect, the increase in design patents over the past several decades, and a few specifics regarding how they work. Below, we are going to...
Understanding the Basics of Design Patents
Design patents can be a useful and valuable tool when seeking to protect a new and original ornamental design. This is part one of a two-part series that will delve into the basics to help you in understanding design patents. In this first part, we will focus on what...
Budget and Craft Beer Go Head to Head Over Trademark Confusion
As the days warm, you may find yourself cracking open a cold beer on the porch. If a friend asked you, “Is that a ‘Stone or a Stone?” would you know how to answer? That question is at the heart of a trademark infringement and trademark dilution lawsuit between two...