The Who, What, Why, and How of NFTs, the Metaverse, and IP

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. …

Freedom to Operate Opinions: What Are They, and Why Are They Important?

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 …

Trademark Modernization Act—What New and Upcoming Changes Could Mean for Your Trademarks

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 …

Canadian Trademarks

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 …

Brand Protection and Fighting Fakes Online

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 …

United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director

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”). …

BREXIT – EUTM Registrations and Cloned United Kingdom Registrations

The Brexit transition period ended on December 31, 2020. As of January 1, 2021, the United Kingdom will have left the European Union trademark and design system. Although European-wide rights such as European Trademarks (EUTMs) will now cease to have effect in the United Kingdom, identical U.K. trademark rights will be automatically created or “cloned” …

What to Know About the Trademark Modernization Act of 2020

Over the weekend, President Trump signed the second COVID-19 relief bill. While Coronavirus relief takes center stage in the news, the omnibus legislation is actually a hefty, 5,500+ pages with noteworthy changes to intellectual property law. In this first of three posts, we’ll take a brief look at the coming changes to federal trademark law. …

Amazon’s New Utility Patent Neutral Evaluation Process

With businesses becoming increasingly dependent on the sale of goods at online marketplaces such as Amazon.com, especially during the pandemic, it has become increasingly important to quickly combat product listings that violate intellectual property rights. Amazon’s new Utility Patent Neutral Evaluation Process (UPNEP) provides a streamlined process for contesting product listings that infringe patent rights.  …

THE SURPRISING SCOPE OF EUROPEAN DESIGN PATENT RIGHTS

The scope of European design patents are quite surprising. Unlike in the U.S., design patent applications in Europe are not reviewed by an Examiner to determine patentability – the patent application just has to meet the formality requirements to grant. Thus, the European Union Intellectual Property Office (EUIPO) does not determine the scope of a …