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Jan 12

What legal responsibility do influencers have when promoting products through social media?

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Influencers Beware: Those Hashtags Could Get You in Serious Trademark Trouble There is no denying the impact of social media on commerce and trade. Statista reports that digital advertising spending at US$380 billion in 2020, is projected to almost double that figure by 2024. Social media is      an important part of brand communication for businesses. It is quick, interactive, accessible, and has global reach. These days, it is probably safe to say      that a business’s marketing strategy for consumer goods is not complete without influencer marketing. Social media influencers leverage their power with their followers for the benefit of the…

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Jan 05

Is inventing something novel sufficient to be granted a patent?

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Non-obvious Requirement for U.S. Patents You might be tempted to rush to the patent office when you have invented something new, but you should not be too quick to do so until you are sure that your invention meets all the requirements for patentability. To patent your new invention, the USPTO has five requirements. The invention must be patentable, useful, new, non-obvious, and adequately described or enabled so that a person of ordinary skill in the field can use the invention. In a world where it seems like every useful thing has been invented, it is always exciting when an…

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Dec 29

What are the legal distinctions between patents and copyrights?

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Patents vs. Copyrights Most people have heard of patents, copyrights, and intellectual property. However, many are unsure of the legal distinctions between these types of ownership. It is important to know the difference between patents and copyrights in case you want to secure the legal rights to an idea. Some creative inventions require a patent lawyer. Other types of intellectual property necessitate a trademark attorney. A legal professional with experience in intellectual property law can help to ensure that your idea or invention is protected. What is Intellectual Property? The phrase “intellectual property” refers to any unique concept or idea…

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Sep 01
Patent to protect artificial intelligence

Do patents or trade secrets better protect artificial intelligence?

By Blog, Patent and Trademark No Comments

The Interplay between Patents and Trade Secrets for Utilizing Artificial Intelligence When it comes to effectively protecting valuable technology and products based on artificial intelligence (“AI”), it is important to understand the complex interplay between patent law and trade secret law. There are advantages and potential pitfalls related to both patents and trade secret law. For example, trade secret law can offer protection where patent law does not, and vice versa. The Challenge is Securing an AI-based Patent It is commonly said that an invention is only as valuable as the patent that protects the invention. However, this old adage…

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Aug 25
Trademark Attorney in Los Angeles

Why is it important for a trademark assignment to be handled properly?

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How to Reduce the Risk of Engaging in an Illegal Trademark Assignment Owning a trademark is widely viewed as one of the most valuable and important assets for any business. Hence, it is so important not to be cavalier about engaging in a trademark assignment. When a business owner mishandles or violates the law while engaging in a trademark assignment, it could completely negate the enforceability of the trademark, thereby torpedoing its value. When an illegal trademark assignment occurs, it is typically the product of carelessness and neglect, or it could very well be deemed an assignment-in-gross. What is an…

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Aug 18
Trademark Lawyer Los Angeles

Can a landlord be held liable for trademark infringement?

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Landlord May be Held Liable for Trademark Infringement If you are a landlord renting a property to a tenant who is found to be selling counterfeit goods, you may be held liable for trademark infringement. However, a landlord can only be held liable if there is evidence that the landlord had actual knowledge that the tenant was engaged in infringing acts, or they were willfully negligent to the infringing activities. Court Decision in Eleventh Circuit Highlights Landlord Liability An actual case of a landlord being held liable for a tenant’s trademark infringing activities can be found in Luxottica Group v….

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Aug 11
Patent Attorney Los Angeles

Can the federal government be held liable for patent infringement?

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The Federal Government Can Be Held Liable for Patent Infringement If you have ever asked yourself, “can the U.S. government be held liable in a civil action for patent infringement?” Here is the answer – Yes. This is because the federal government has effectively waived sovereign immunity when it comes to civil claims alleging patent infringement. As a result, the federal government can be the named defendant in a civil action alleging patent infringement, in certain circumstances. Legal Basis to File a Civil Action against the Government The legal basis to file a civil lawsuit against the U.S. government for…

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Aug 04
Filing Information Disclosure Statement

What is the best way to approach the required Information Disclosure Statement (IDS) when filing a patent application?

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Filing an Information Disclosure Statement (IDS) When filing a patent application, you have a legal obligation to disclose all information known to you that is material to the “patentability” of your device, product, idea, etc. These disclosures must be formally conveyed to the U.S. Patent and Trademark Office (USPTO) in accordance with 35 C.F.R. §1.56. You may be asking, “what exactly constitutes material information for my patent application?” Well, the governing standard is that any information that a reasonable patent application examiner would consider important in assessing whether to grant the application is deemed to be material. It is also…

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Jul 28

Why is a trademark licensing agreement important for your business?

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Helpful Tips for Drafting a Licensing Agreement When you register a trademark for your business, there is a crucial next step you need to be prepared to address – licensing the rights to that trademark so other individuals and companies collaborating with you to manufacture or sell your product featuring that mark are legally compliant. It is important to understand the impact of a trademark license agreement. If this agreement is detailed and well-crafted, it can play a big role in determining how much you, the owner of the trademark, will benefit financially from the commercial success of the product….

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Jul 21

What type of search should you conduct when considering applying for a patent?

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Different Types of Patent Searches When an individual or business is looking to apply for a patent, they are usually surprised to discover the array of options that need to be analyzed in order to conduct a proper patent search. The reason there are multiple patent search options is because the scope of the search will be determined by the overarching reason for the search. Generally, there are four types of patent searches that can be conducted: Novelty (patentability) search Freedom to Operate (FTO) search Non-infringement search; and Validity search Let’s take a look at each… Novelty Search The most…

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