Musings on Intellectual Property
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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Does your lawyer offer solutions or just answers? In part two of evaluating your attorney, I explore something that is often killed off inside the mind of law students as they make their way into the ranks of practicing lawyers: creativity. Like my last post on attorneys who are client-oriented,
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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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Ever have a concern about your legal bill? Have you ever questioned your lawyer about it? Here is some unspoken insight on how your lawyer may view you when you question a legal bill. Does your lawyer even care about your goals or your budget? Or are you just a number, some quantum of dollars? Read on to see how lawyers responded to a client’s concern…
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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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In a case of first impression, the Fifth Circuit addressed the retroactive application of a most favored licensee (MFL) clause under a fully-paid up lump sum royalty in a patent license agreement. In an underlying patent infringement case, DataTreasury Corp settled with JP Morgan Chase and negotiated a license in
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