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 drivenContinue reading
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.
Affordable Aerial Photography Copyright Infringement Defense
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 photographContinue reading
Suing for patent infringement outside the U.S.
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 inContinue reading
Trademark Registration as Defensive Asset
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 primaryContinue reading
No Trade Secret for Uber’s Data in Government License
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,Continue reading
Trademark Duration, Renewal, and Section 8 Affidavit
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 nowContinue reading
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, thoughContinue reading
Can you register a trademark that is abandoned?
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 forContinue reading
Hate Speech and Porn Trademarks?
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 freeContinue reading
IRS re-writes Medtronic tech license for $1B deficiency
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-toContinue reading