Illuminating the path in intellectual property law.
The United States Patent and Trademark Office (USPTO) recently issued a notice that a data security incident exposed domicile addresses of numerous trademark applicants who filed applications between February 2020 and March 2023. A copy of the first page of the notice is below: The USPTO stated that the incident occurred when a vulnerability in …
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Many companies, including U.S. companies, find manufacturing abroad attractive because of its affordable costs, capacity, and distribution networks. Typically discussions or negotiations with a foreign manufacturer will concern the type of product to be produced, which often involves providing the manufacturer with sufficient detail to enable the manufacturer to provide a proposal. These seemingly harmless …
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Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the basics of blockchain technology and opportunities in the metaverse as well as enforcement strategies for protecting digital assets. …
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What is a freedom to operate opinion, and why is it important? A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights. Although there is …
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The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to the prosecution of trademark applications before the United States Patent and Trademark Office (“USPTO”). Several of these changes took effect in December …
The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules. These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics. As of this writing, the date the proposed changes are to come into force has not officially been announced. However, we expect this …
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Good News! In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Correspondence from the CIPO, such as office …
The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to …
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On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent Judges (“APJs”) and issue, modify, or otherwise change those decisions on behalf of the Patent Trial and Appeal Board (“PTAB”). …
Over the last several years, you may have heard the term “blockchain.” Blockchain technology has emerged as an innovative, record-keeping technology, most notably recognized as the underlying technology behind Bitcoin cryptocurrency. The most innovative part of blockchain is that it is decentralized: not controlled by any one person or company. It is transparent in the …
Continue reading “What You Need To Know: Intellectual Property and Non-Fungible Tokens”