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Musings on Intellectual Property

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Category: Intellectual Property

Intellectual property covers many areas, including patents, trademarks, copyrights, and trade secrets. Learn how each of these creative assets can bolster your revenue, secure a market advantage over competitors, and drive growth.

The Future of Small-Array Residential Solar

May 4, 2022 Griffin Klema Leave a comment
Home with rooftop solar

Solar energy production by individual homes is likely being thwarted by behind-the-scenes accounting at power companies and the market for solar panels. What do I mean by that? Well, the economics of an individual homeowner to invest in a solar array for their home for a grid-tie system are driven

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Affordable Aerial Photography Copyright Infringement Defense

December 30, 2021 Griffin Klema Leave a comment
CopyCat Legal & Affordable Aerial Photography letters

No one likes to receive a letter from a lawyer, especially one claiming that you’ve done something wrong, like infringing someone’s copyright. That’s exactly what Affordable Aerial Photography, Inc., and its proprietor, Robert Stevens are doing: employing law firms to send demand letters to people who might have a photograph

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Suing for patent infringement outside the U.S.

June 22, 2018 Griffin Klema Leave a comment

The Supreme Court opens the door for collecting lost profits and royalties on patent infringement that occurs beyond U.S. borders. What if you have a U.S. patent, and a competitor makes some of the parts to your patented product in the U.S., but assembles them outside the U.S., say in

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Trademark Registration as Defensive Asset

April 10, 2018 Griffin Klema One comment
Registered Trademark Pie Shield

Can you use a trademark as a defensive shield to protect yourself and your business, besides using it to enforce your brand? Most people think of a trademark as a weapon to prevent a competitor from stealing their customers, ripping off their brand, and taking marketshare. True, that’s the primary

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No Trade Secret for Uber’s Data in Government License

January 12, 2018 Griffin Klema Leave a comment
Uber vs. Yellow Cab

No Trade Secret Protection for Uber’s Rider Data On January 10, 2018, the Florida Fourth District Court of Appeals held that rideshare company Uber (through its subsidiary Raiser LLC), could not claim trade secret protection to prevent the disclosure of its rider data. The case resulted from traditional taxicab company,

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Trademark Duration, Renewal, and Section 8 Affidavit

December 13, 2017 Griffin Klema One comment
Trademark clock

How long does a trademark last? What do you need to do to keep your trademark? Here is some insight into the life of a trademark, how long it lasts, and renewal process and deadlines. So you have a trademark, are using the “circle-R” to show it off, and now

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Trademark Genericide

October 5, 2017 Griffin Klema One comment

What happens when a brand becomes so well known that people start referring to all products according to the brand name? For example, what is the first term that comes to mind when you think of a box full of facial tissue? Kleenex perhaps? (Technically, this brand remains alive, though

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Can you register a trademark that is abandoned?

September 9, 2017 Griffin Klema 2 comments

You came up with your brand and identity for a business or product. You searched online to see if anyone else had the same great idea. You found a trademark, but it’s abandoned or cancelled. What does that mean for your idea? Are you free to register the trademark for

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Hate Speech and Porn Trademarks?

July 20, 2017 Griffin Klema 2 comments
Trademark hate speech

Updated: December 15, 2017, to reflect the decision of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017). Updated: June 24, 2019, to reflect the decision of the U.S. Supreme Court in Iancu v. Brunetti, __ U.S. __ (2019). Supreme Court invalidated “disparagement” section of trademark statute based on free

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IRS re-writes Medtronic tech license for $1B deficiency

June 9, 2016 Griffin Klema Leave a comment
IRS Tax Return

License between Medtronic and its wholly owned subsidiary deemed not arm’s length transaction. Opens contract to attack by IRS, re-assesses Medtronic’s income, and increases its tax liability. Today the United States Tax Court issued a memorandum opinion that significantly and materially increased the royalty rate in a technology license agreed-to

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