Patent Infringement: Common Myths and Misconceptions—What Businesses Really Need to Know

When it comes to patents, there’s a lot of confusion floating around—especially when it comes to what counts as infringement. From Silicon Valley startups to small Etsy shops, businesses often misunderstand their rights (and risks). In this blog post, we’re clearing the air and breaking down some of the most common myths about patent infringement—no legal jargon required.

Myth #1: “If I change the product a little, I’m safe.”

Not so fast. Even small changes to a patented invention can still land you in hot water. U.S. patent law looks at whether your product performs substantially the same function in substantially the same way to achieve the same result. A famous example? Apple vs. Samsung. Samsung tweaked some design features on its smartphones, but Apple successfully argued in court that Samsung’s devices still infringed on key utility and design patents. The result? A billion-dollar judgment (later reduced, but still hefty). Moral of the story: Slight tweaks don’t always keep you out of the courtroom.

Myth #2: “If there’s no patent number on it, it’s not protected.”

It’s a common belief that if something isn’t labeled with a patent number, it must be up for grabs. That’s a risky assumption. A patent owner isn’t required to mark every product with the patent number—especially in the digital space. Infringing without knowing doesn’t always get you off the hook, either. Courts can still impose damages, especially after you’re notified. Businesses should do their homework before launching a product, not after a cease-and-desist letter lands in their inbox.

Myth #3: “Patents are only for big companies.”

False. Some of the most valuable patents come from small inventors and startups. Take Spanx, for example—Sara Blakely patented her unique shapewear design early on and used that IP protection to build a billion-dollar brand. Enforcing your patent rights isn’t just for corporate giants; it’s a crucial business tool for entrepreneurs, too. If someone copies your invention, you have legal remedies, and sometimes, the threat of legal action is enough to stop copycats in their tracks.

So what should you actually do?

If you’re launching a new product or think someone’s copying yours, talk to a patent attorney before making assumptions. Don’t rely on myths or what you read in forums. Understanding your rights—and your risks—can protect your company, your creativity, and your future. In today’s market, where innovation is everything, knowing the truth about patent infringement is more than smart. It’s essential.

Need help reviewing your patent strategy or responding to a potential infringement issue? Our team is here to help you cut through the confusion and protect what you’ve worked hard to build.

Schedule a consultation today, call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

How to Avoid Paying Extra Fees in Connection with Trademark Registration Maintenance

An important aspect of trademarks that many people may not realize is that they are use-based rights. Basically, this means a trademark is only entitled to be registered if the mark is actually being used. Likewise, a trademark registrant needs to continue to use the mark in commerce in order to maintain registration and must take action to renew a trademark registration at specific points in time (e.g., at year 5, 10, 20, and so forth). When reaching these milestones, trademark owners are obligated to submit specimen materials showing that the mark is still in use in interstate commerce.

For many years, trademark renewals were on a quasi-honor system basis whereby a trademark owner needed only submit one specimen showing use in commerce per each registered class. However, in an effort to crack down on trademark squatting, the United States Patent and Trademark Office (USPTO) is now actively conducting quality checks at random that require trademark owners to submit additional specimen to show that all goods and/or services in specified classes are still in use.

In addition, the USPTO instituted a fee to combat trademark squatting. The fee could be considered a quasi-fine. For example, if a trademark owner is required to delete goods, services, or classes in response to a USPTO quality check, the agency will impose a $250 per class fee.

USPTO Guidance on Trademark Maintenance Fee

The USPTO advised that there are two ways to avoid paying the $250 fee:

• delete the goods, services, or classes when filing your Section 8 or 71 Declaration: or
• file a Section 7 Request to Amend a registration prior to submitting a Section 8 or 71 Declaration.

If the Section 7 Request to Amend a registration is filed prior to filing a Section 8 or 71 Declaration and the only amendment requested is the deletion of goods, services, and/or classes, the Section 7 Request to Amend can be submitted for free.

The USPTO has indicated that the goal of imposing a fee for deletions made after a Section 8 or 71 Declaration is filed and before the Declaration is accepted is to strengthen the integrity of the trademark by securing more accurate and up to date information from the trademark owner.

USPTO Issues Trademark Management Best Practices

The USPTO issued guidance regarding best practices aimed at avoiding the $250 fee for certain deletions. These best practices include:

• creating a checklist for evaluating and confirming the use of the trademark in commerce with registered goods and services;
• maintaining notes regarding the people and records utilized to obtain this information; and
• retaining a record of evidence of your mark’s current use in commerce, such as photos of each good bearing the trademark, printouts or screenshots of supporting webpages with the date and URL, and copies of print advertising or promotional materials.

Adhering to these best practices help provide the information necessary to determine whether certain goods, services, or classes should be left off a Section 8 or 71 Declaration, especially if followed when a Section 8 or 71 Declaration deadline is approaching. Following the best practices is also helpful when a Section 8 or 71 Declaration deadline is far off, as the Section 7 Request to Amend a registration is free to file when done for the purpose of deleting goods, services, or classes from a registration, which offers protection in the future from having to pay the new $250 filing fee for having to delete certain goods, services, or classes after a Section 8 or 71 Declaration has been filed.

Have Questions? Contact an Experienced Trademark Attorney in Los Angeles

If you have questions about effective trademark maintenance, then now is the time to speak to an experienced and knowledgeable trademark lawyer in Los Angeles with the Omni Legal Group. Our legal team is ready and able to assist by researching your trademark, filing your federal trademark application, ensuring a smooth process, and assist with maintaining your mark. We will be there to help guide you through the entire trademark registration and maintenance process.

Schedule a consultation today, call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

How to Assess a Potential Infringement of a Utility Patent

If your company received a threatening “cease and desist” letter from a competitor claiming to own a patent that prevents you from selling your product (or demands a patent licensing fee to continue your sales), then now is the time to proactively assess the situation to determine if there is a viable infringement claim.

Below is a summary of some notable considerations that generally go into a proper patent infringement analysis.  For example, the specific claims are key in a patent infringement analysis. The claims are generally located at the end of a patent, which comes after the patent’s front page, drawings, and written description. Following the drawings comes a specification containing a written description of the invention. The written description is required to set forth “the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same.

Meaning and Scope of the Patent Claims

One of the primary components of an infringement analysis is assessing the meaning and scope of the claims (i.e., the meaning and scope of what’s recited in the consecutively numbered claim at the end of the specification).

It’s well established that a patent’s claims define the invention to which the patent holder is entitled the right to prevent others from practicing. In claim construction, the words of the claims are generally given their ordinary and customary meaning as they would be understood by “a person of ordinary skill in the art” at the time of the invention.

Compare the Construed Claims to The Accused Product or Method

Another important component of a proper patent infringement analysis is comparing each patent claim – as construed – to the accused product or method. The proper infringement analysis asks whether the accused product or method contains every claimed element of the patented invention—or the equivalent of every claimed element. This is commonly referred to as the “all-elements rule.” Though, it is important to note that only one claim needs to be infringed for liability to attach. For example, if a patent contains 20 claims, infringement can occur if the “all-elements rule” is satisfied for just a single claim.

In-Depth Knowledge of Patent Law is Important

As you can see, conducting a detailed utility patent infringement analysis involves more than simply asking: “is my product the same as what’s shown in this patent?” Properly assessing utility patent infringement risks requires careful and informed study. This is where retaining the services of an experienced and knowledgeable patent attorney can pay dividends.

Have Questions? Speak to an Experienced Patent Attorney in Los Angeles

If you have questions about properly analyzing a potential patent infringement, then take action by contacting the experienced and reputable Los Angeles patent attorneys at Omni Legal Group. We are an established patent law firm in Los Angeles and understand the complexities of IP and patent law. Whether it’s a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni legal Group is ready and able to help.

Schedule a consultation today, call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

AI and Intellectual Property: Navigating the New Frontier of Patent Law

Innovations in artificial intelligence (AI) technology are having an impact on virtually every sector of the U.S. economy, including intellectual property laws. For example, with the advent of AI tools and applications, a notable legal question has arisen: can AI-generated inventions can be patented?

Guidance Issued by the U.S. Patent and Trademark Office (USPTO)

The USPTO attempted to answer the question above in its February 2024 guidance focused on patent inventorship analysis for AI-assisted inventions. The USPTO guidance states that “while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity.”

The USPTO guidance highlights one of the key issues in the intersection between AI and patent law – whether a natural person provided a “significant contribution” to the invention and was simply assisted by an AI system. The USPTO goes on to state that an AI system cannot be listed as an inventor on a patent application but also advises that an individual’s use of AI during the inventive process does not prohibit the invention from being patentable “if the natural person(s) contributed significantly to the claimed invention.”

In addressing what would qualify as a “significant contribution,” the USPTO guidance highlights factors set forth in Pannu v. Iolab Corp., 155 F.3d 1344, 1351 (Fed. Cir. 1998), to assess human inventorship. This Federal Circuit decision states that each inventor must:

• contribute in some significant way to the conception or reduction to practice of the invention;
• make a contribution to the claimed invention that is not insignificant in quality, when that contribution is measured against the dimension of the full invention; and
• do more than simply explain to the real inventor’s well-known concepts and/or the current state of the art.

According to the USPTO guidance, a natural person who utilizes AI assistance in the inventive process must meet the significant contribution standards described in Pannu.

Looking Ahead

The USPTO guidance provides a general framework for anticipating how to approach drafting a viable patent application where an AI system played a role. The USPTO has acknowledged that it expects AI usage to play an increased role in the inventive process. Nevertheless, the USPTO also makes clear that patentable inventorship will continue to focus on substantial contributions by natural persons. The application of the factors in Pannu, along with the AI-specific principles laid out in the USPTO guidance, provides inventors with a guidepost to help assess inventor contributions.

Have Questions About Your Intellectual Property Rights? Contact Omni Legal Group Today

AI is changing many aspects of life and patent law is no exception. If you are looking for assistance in assessing the viability of patent application where AI was involved, then contact Omni Legal Group today. Our top-rated patent attorneys in Los Angeles will find the right intellectual property type to protect your invention. Whether it’s a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, a USPTO registered patent attorney with Omni Legal Group will discuss your invention with you to determine the best path forward. Contact us today to learn more, call 855.433.2226 or visit www.OmniLegalGroup.com.

The Rise of Non-Fungible Tokens (NFTs) and Their Impact on Trademark Protection

As the digital landscape continues to expand and innovate through new technologies, there are notable trends emerging that have the capacity to reshape how certain assets are legally protected, such as intellectual property rights. For example, a significant development has been the expansion of NFTs. For context, NFTs are digital tokens that represent ownership or proof of authenticity of a unique asset. They have become a popular tool in facilitating the purchase and sale of digital art, collectibles, music, and even virtual real estate.

For businesses in and around Los Angeles, NFTs offer an opportunity to create unique digital assets linked to their brand identity. However, as with any new technology, there are risks involved, particularly when it comes to protecting intellectual property, such as trademarks.

Importance of Trademark Protection

Trademarks are vital to protecting the intellectual property rights of individuals and businesses. For context, a trademark grants exclusive rights to a symbol, name, logo, or slogan that uniquely identifies a product or service in the marketplace. This protection extends not just to physical goods, but also to digital products, such as NFTs.

While trademark law provides certain protections, enforcing those legal rights in the NFT space can be challenging. The decentralized nature of NFTs means that digital assets can be bought, sold, and traded globally, often without the involvement of a central authority. This creates an environment where trademark infringement can occur without clear oversight or regulation.

Let’s discuss ways to develop and deploy an effective trademark protection strategy for your NFTs.

Implementing a Trademark Strategy in the NFT Space

As California businesses expand in the NFT market, an effective trademark strategy is crucial for protecting intellectual property rights and creating valuable digital assets. Establishing this strategy early on enables businesses to ensure they are legally protected and can easily manage the challenges and opportunities that come with NFTs. Your trademark strategy should incorporate the following actions:

• Conduct an In-Depth Trademark Search: Before jumping into the NFT space, make sure to conduct a comprehensive trademark search. This search can help ensure that your brand assets (e.g., logos, names, designs, etc.) are available for use. A thorough search will help identify any existing trademarks that are similar or identical to what you intend to use for your NFTs
• Use Your Trademark Consistently in the NFT Space: Once your trademarks are registered and your digital assets are linked to your brand, it is recommended that you consistently use the trademarked logos and designs in association with your NFTs.
• Protect Your Trademark Rights in Digital Marketplaces: NFTs are routinely purchased and sold through digital marketplaces, where businesses and creators can showcase and sell their products. However, these marketplaces can also be rife with counterfeit goods and intellectual property theft. To protect your trademarks, it is strongly recommended that you actively monitor these platforms for any unauthorized use of your brand assets.

Have Questions About Your NFTs and Trademark Protection? Contact Omni Legal Group Today

If you are looking for guidance on getting trademark protections for your NFTs, then contact Omni Legal Group today. Our trademark attorneys in Los Angeles are ready and able to assist by researching your trademark and filing your federal trademark application. We will be here to guide and assist you through the entire trademark registration process.

Get in touch with us today, call 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Demystifying Trade Secrets: What Businesses Need to Know

In the world of business, not every valuable asset is visible on a balance sheet. Some of the most important tools companies rely on are hidden in plain sight: trade secrets. Whether it’s a secret recipe, a manufacturing process, or a client list, trade secrets can be the lifeblood of a business. But many companies don’t fully understand what trade secrets are, or how to protect them until it’s too late.

So, what exactly is a trade secret? In simple terms, it’s any confidential information that gives a business a competitive edge. Think of the Coca-Cola formula, Google’s search algorithm, or KFC’s blend of 11 herbs and spices. These are all classic examples of trade secrets. What makes them legally protectable is that they are not publicly known, they provide economic value, and the company takes reasonable steps to keep them secret.

Protecting trade secrets isn’t just about locking up the recipe in a vault. It requires active steps, like using non-disclosure agreements (NDAs), limiting internal access, and training employees on confidentiality policies. If you don’t treat the information like a secret, the law may not either. For example, if you casually share your proprietary process with vendors without an NDA, it might lose its legal protection.

But what happens if someone steals your secret sauce? U.S. law, including the Defend Trade Secrets Act (DTSA), provides legal remedies. If a trade secret is misappropriated—meaning stolen, leaked, or used without permission—you can sue for damages and, in some cases, even ask the court to stop the person from using it. A famous case? When Uber was accused of acquiring trade secrets from Google’s self-driving car division (Waymo), it led to a high-profile lawsuit that ended in a settlement worth hundreds of millions.

The bottom line: If your business relies on confidential information to stay competitive, you need a plan to protect it. Identify what counts as a trade secret, put systems in place to guard it, and make sure your employees understand the importance of keeping it confidential. In today’s digital and fast-paced world, trade secrets can be stolen with a click—so don’t wait until they’re gone to realize their value.

The Impact of 3D Printing on Intellectual Property Rights

Once upon a time, if you wanted the latest designer handbag or a replacement part for your coffee maker, you had to buy it from the original manufacturer. But with the rise of 3D printing, those days are changing fast. This revolutionary technology allows people to create physical objects from digital files, often at a fraction of the cost. While this is great for innovation, it also presents a legal minefield for intellectual property (IP) rights. How do you protect an invention when anyone with a 3D printer can replicate it?

The Copycat Problem: 3D Printing and Copyright

Copyright laws protect artistic works, including sculptures, jewelry, and even certain product designs. However, with 3D printing, digital files of copyrighted objects can be easily shared and printed by anyone with access to a printer. In 2016, Disney took action against unauthorized 3D-printed versions of its Star Wars figurines being sold online. The issue? The digital blueprints made it nearly impossible to track every instance of infringement. Companies now have to be more vigilant than ever in protecting their creative assets.

Patents vs. Printers: Protecting Inventions in the 3D Age

Patents grant inventors exclusive rights to their creations, but 3D printing blurs the lines of patent protection. Imagine a company that holds a patent on a specialized medical device. If a hospital decides to 3D print a version of that device for immediate use, does that count as infringement? In some cases, it does, but enforcement can be tricky. The rise of “do-it-yourself” printing makes it easier for individuals and businesses to work around traditional patent protections.

Trademarks and Brand Protection in a 3D World

Trademarks protect brand names and logos, but what happens when counterfeit products flood the market via 3D printing? Popular brands like Nike and Louis Vuitton already battle knockoffs, but now, anyone can print their own designer sneakers or handbags at home. This poses serious challenges for companies trying to maintain brand integrity and customer trust. Many brands are now turning to digital watermarking and blockchain technology to track authenticity.

The Legal Road Ahead

As 3D printing continues to evolve, lawmakers are working to catch up. Some companies are using licensing models—similar to the way digital music is protected—to control how 3D files are shared and printed. Others are investing in anti-counterfeiting measures like embedded security codes in 3D-printed products. The key takeaway? Whether you’re an inventor, a business owner, or just someone experimenting with 3D printing at home, it’s important to understand how intellectual property laws apply. The future of innovation depends on striking the right balance between creativity and protection.

Building a Strong Brand: The Role of Trademark Strategy

When you think of iconic brands like Nike, Apple, or Coca-Cola, what comes to mind? Their logos, slogans, and even the colors they use are instantly recognizable. That’s the power of a strong trademark strategy. Whether you’re a startup or an established business, protecting your brand with trademarks is essential to standing out in a crowded marketplace. But it’s not just about filing paperwork—it’s about crafting a strategy that safeguards your business while helping it grow.

Why Trademarks Matter

A trademark is more than just a logo or a catchy name—it’s your business’s identity. It tells customers who you are, what you stand for, and what they can expect from your products or services. Imagine if McDonald’s didn’t protect its golden arches. Competitors could use similar logos to confuse customers, leading to lost sales and a damaged reputation. A strong trademark strategy prevents copycats from capitalizing on your hard work and ensures your brand remains uniquely yours.

Key Steps to Developing a Trademark Strategy

A solid trademark strategy starts with research. Before you invest in branding, make sure your business name and logo aren’t already in use. This prevents legal headaches down the road. Once you’ve cleared that hurdle, register your trademark with the U.S. Patent and Trademark Office (USPTO) or the appropriate authority in your country. But registration is just the beginning—monitoring and enforcing your trademark is equally important. Companies like Louis Vuitton aggressively fight counterfeiters to protect their brand’s prestige, showing just how crucial enforcement can be.

Learning from the Mistakes of Others

Trademark blunders can be costly. Consider the case of Burger King in Australia. Because a smaller business already owned the name “Burger King” there, the fast-food giant had to operate under the name “Hungry Jack’s.” A simple trademark conflict forced them to rebrand an entire market. Similarly, when Taylor Swift wanted to trademark phrases like “This Sick Beat,” she faced backlash but ultimately proved how valuable it is to control your own brand’s language and identity.

Trademarks: A Long-Term Investment

Building a strong brand is a marathon, not a sprint. A well-thought-out trademark strategy protects your business from costly legal battles and solidifies customer trust. Whether you’re selling handmade jewelry or launching the next big tech startup, investing in a trademark strategy now will pay off in the long run. After all, your brand is one of your most valuable assets—make sure it’s protected.

Emerging Trends in Copyright Law: What Creators Should Know

In today’s digital age, protecting creative work is more important than ever. Whether you’re a musician, artist, filmmaker, writer, or content creator, copyright law is constantly evolving, and staying ahead of the curve can mean the difference between owning your work or watching it get used without permission. From AI-generated content to changes in fair use policies, let’s dive into the latest trends in copyright law and what they mean for creators.

AI-Generated Content: Who Owns It?

Artificial intelligence is shaking up the creative world, generating everything from paintings to poetry with a few clicks. But who owns the rights to AI-generated works? Recent rulings suggest that copyright law still requires a human author—meaning that AI-created content might not get the same legal protections as traditional works. If you’re using AI tools like ChatGPT, Midjourney, or DALL·E to create content, you might not be able to stop others from copying it. The lesson? If you want full copyright protection, ensure there’s significant human involvement in your creative process.

Social Media and Copyright: The Fine Line Between Sharing and Stealing

Ever reposted a meme, shared a TikTok sound, or used an image from Google? You’re not alone. Social media platforms are a legal gray area for copyright, and recent crackdowns show that big companies and individual creators alike are taking action to protect their work. Platforms like YouTube and Instagram are strengthening their copyright enforcement, meaning more takedown notices and demonetized content. If you’re a creator, watermark your work, understand fair use, and consider registering your copyrights for stronger protection.

Fair Use vs. Infringement: The Line Is Blurring

Fair use laws allow creators to use copyrighted material under certain conditions—like for parody, education, or criticism. But with big lawsuits in music, film, and digital content, courts are making new rulings that change how fair use is applied. For example, the Supreme Court recently ruled against the Warhol Foundation in a case about using a photo as inspiration for a painting, stating that transformative use isn’t enough if it harms the original creator’s market. This means even if you remix, modify, or rework something, you could still face legal trouble.

Protecting Your Work in a Digital World

With copyright laws tightening and digital platforms making enforcement easier, creators need to be proactive. Registering your work with the U.S. Copyright Office gives you the legal power to fight infringement and claim damages if someone copies you. Additionally, services like content tracking, DMCA takedowns, and digital watermarks can help safeguard your creations. The creative economy is booming, and ensuring you have legal ownership over your work can make or break your success.

Final Thoughts

Copyright law is evolving, and staying informed is key for any content creator. Whether you’re dealing with AI-generated works, navigating social media rules, or wondering if your remix is fair use, understanding your rights is the first step to protecting your creative work. Need guidance? An experienced IP attorney can help you register, enforce, and defend your copyrights—so you can focus on what you do best: creating.

Protecting Your Brand in the Age of Influencers

Social media has changed the way businesses grow, and influencers are now some of the most powerful marketing tools out there. But with great exposure comes great risk—especially when it comes to trademark rights and brand protection. What happens when an influencer misrepresents your brand? Or when someone starts using your logo without permission? From Kylie Jenner’s trademark disputes to brands cracking down on counterfeit influencers, let’s talk about how to keep your brand safe in the wild west of digital marketing.

The Fine Line Between Promotion and Misuse

When influencers partner with brands, they become public faces of that company. But what happens when they go off-script? In 2019, fashion brand Revolve faced backlash when influencers promoted a campaign that some saw as tone-deaf and exclusive—hurting the brand’s reputation. While influencers can help boost awareness, they can also put your brand image and trademarks at risk if they don’t follow your guidelines. That’s why clear contracts and brand agreements are essential.

Who Owns What? Trademarks in the Influencer Era

Influencers also build their own brands, sometimes causing trademark conflicts with established businesses. For example, Kim Kardashian’s SKKN brand was hit with a trademark dispute from a small beauty company that claimed prior rights to the name. If you’re a business owner, this means you need to trademark your brand early—before someone else does. The rise of influencers also means companies should monitor trademark applications to ensure their name isn’t being used without permission.

Fake Endorsements and Impersonation: A Growing Issue

Scammers love social media, and many fake influencers pretend to represent brands for free products or money. Luxury brands like Chanel and Gucci have cracked down on counterfeit influencers who falsely claim sponsorships. This can damage a company’s reputation and credibility. To protect your brand, consider trademark monitoring services that alert you when your name, logo, or products are being used without permission.

How to Keep Your Brand Safe

In the fast-paced world of social media, brand protection is more important than ever. Businesses should:

1. Trademark their name, logo, and signature products
2. Create contracts with influencers outlining brand guidelines and legal protections.
3. Monitor trademark filings and social media for misuse or impersonation.
4. Take action against unauthorized use—whether it’s influencers misrepresenting your brand or scammers pretending to be affiliated with you.

Influencers can be powerful allies in marketing, but without legal safeguards, they can also create headaches for your brand. If you need help securing your trademark rights or dealing with influencer-related disputes, our team is here to help!