Intellectual Property
Businesses often are faced with the choice of whether to register a trademark or service mark with a state or the United States Patent and Trademark Office (USPTO). It is well known that state registrations tend to be less expensive and often take less time to apply for and receive confirmation that the mark has been registered. However, there are key benefits to registering your trademark with the USPTO. Today’s post highlights those key benefits of federally registered trademarks and service marks, and provides helpful resources for registering your trademark at… Read the rest
I recently came across an article that made a call for a reform to the laws that govern copyrights, namely a return to the copyright laws in effect prior to 1978. I found the article especially interesting because it isn’t often that you come across people advocating for restoring laws from pre-1978. We’re a society of forward-looking individuals (or at least that’s what many of us claim) that rarely look to our past for the “best” answers. But this article makes a few strong points in advocating for restoring the prior copyright… Read the rest
Securities Laws
SEC Pushes Back Proposed JOBS Act Rules, Again
Last week we wrote about how the SEC was opting to issue proposed rules for Title II of the JOBS Act at its August 22nd meeting, rather than implementing interim rules, as had been anticipated. But on August 21st, just a day before the proposed rules were set to be unveiled, the SEC issued a notice that the rules would not be proposed until August 29th. We’ll update update… Read the rest
It took less than three days of deliberation, approximately 22 hours, 109 pages of jury instructions, and a verdict form with nearly 700 individual questions for the jury to find Samsung guilty of infringing a number of Apple’s patents. As a result, Apple was awarded $1.05 billion in damages—nearly half of the $2.5 billion Apple requested—which is one of the largest intellectual property awards ever. Furthermore, there is speculation that Apple’s victory will provide the mobile (and computer) giant ample ammunition to launch… Read the rest
Two of the most valuable aspects of your business are the goodwill and the intellectual property. A noncompete agreement can be instrumental in protecting these aspects of your business from a range of problems with departing employees, including the spread of trade secrets and other confidential information to competitors. Today’s post will discuss the legal requirements you should keep in mind in order for your noncompete to be enforceable, and some of the potential benefits of using… Read the rest
The highly-publicized patent battle between Apple and Samsung will be handed over to the nine person jury this week. This case involves a complicated battle over intellectual property, including several patents held by both Samsung and Apple. So, what is required of the jurors?
One of the Wall Street Journal blogs, Digits, published an article with the proposed verdict forms from both Apple and Samsung. You can see Apple’s verdict form here, and Samsung’s verdict form here.… Read the rest
Mergers & Acquisitions
Google to Acquire Frommer’s Travel Guides
Google is acquiring Frommer’s travel guides brand in a reported $23 million deal. $23 million is a drop in the bucket for Google, but the acquisition is an important indicator of the company’s somewhat controversial intent to dip further into the content business. Consumer Watchdog is calling for federal regulators to block the acquisition on antitrust grounds, alleging that Google favors companies it owns in organic search results.
Business Financing
The Alberleen Group–A New Type of Incubator
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Trademarks
Hershey’s Granted Trademark for Bar Configuration
The US Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board granted Hershey’s trademark application for the design and shape of its chocolate bar. The Examining Attorney for the USPTO had refused registration on two grounds: (1) Hershey’s proposed mark was a functional configuration of the goods; and (2) it was a non distinctive configuration that had not acquired distinctiveness as required under Trademark Act Section 2(f), 15 U.S.C. § 1052(f). The Trademark Trial and Appeal Board overruled the… Read the rest
Corporate Management
News Corporation Splitting Into Two Companies
Rupert Murdoch has confirmed that News Corporation, a $54 billion media company, will be splitting into two different entities. The existing company will retain the news-related assets of the company, while the new company will focus on the entertainment-related assets of the company including FX and Fox News (yes, it seems that News Corporation execs categorize Fox News as primarily entertainment, and not news). The split will be completed in the next year. News Corporation shareholders are expected to receive one share of the… Read the rest
The Lanham Act is the primary federal trademark statute of law in the U.S. The Act prohibits trademark infringement, trademark dilution, and false advertising (among other things). It’s name is derived from its creator, Representative Fritz G. Lanham of Texas, and the Act was passed into law by President Truman on July 5, 1946. The purpose of the Lanham Act is to protect trademarks so as to avoid consumer confusion and help consumers identify the source of particular goods or services.
How to… Read the rest
