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Timely tips to bring you up to speed on developments in intellectual property law and help you protect your brand’s most vital assets.

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Easy as (Pumpkin) Pie? Obtaining IP Rights for Your Newest Thanksgiving Recipe May Not Be as Straightforward as You Think

Thanksgiving is filled with traditions – sharing what you are thankful for, enjoying family recipes, playing games together, and watching football. Naturally, though, traditions evolve with new ideas. This year, you may think of a better or more creative way to prepare your pumpkin pie for Thanksgiving. Can you protect…

Beware of Trademark Scams

Increasingly, bad actors will exploit information found in publicly available United States Patent and Trademark Office (“USPTO”) records to engage in fraudulent schemes. When applying to register a trademark, be mindful that information provided to the USPTO may become part of the public record. To avoid falling victim, it is…

Trademark Clearance Searching: What It Is and Why It’s Important

What is a trademark clearance search and why is it needed?

A trademark clearance search is the process of screening a proposed trademark (e.g., word, logo, phrase, etc.) to determine if the mark is available for use and/or registration (such as at the federal level at the U.S. Trademark Office).…

Steer Clear of Copyright Infringement: Tips for Using Images Online

One may think that if an image appears online, it is fair game to copy that image for your own use. This practice, however, can expose you and your company to liability for copyright infringement. A timely filed copyright registration is a powerful asset, as it allows the owner to…

NFTs and Trademarks: Analyzing the March 2024 Congressional Report

IP Law Clerk Charlotte Godart contributed to this blog post.

In March of this year, the U.S. Patent and Trademark Office and the U.S. Copyright Office submitted a report to Congress with findings on the intellectual property issues raised by non-fungible tokens (NFTs). The congressional report concluded that no new…

Crowdfunding and Protecting Your IP: Issues with Public Disclosure and Idea Theft

Crowdfunding is commonly used by inventors and entrepreneurs looking to market new products, as well as “wantrepreneurs” in need of capital to support their ideas. Crowdfunding is widely popular due to the ease and efficiency it provides to generate and access funds while simultaneously promoting the project and building hype.…

SCOTUS Settles a Circuit Split on Copyright Damages under the Discovery Rule in Favor of Copyright Holders

Being a copyright owner comes with numerous rights and benefits in relation to the copyrighted work. Known colloquially as the “bundle of sticks,” a copyright owner has the exclusive rights to the reproduction, derivation, distribution, public performance, public display, and digital transmission of the work. If someone unlawfully infringes on…

The Secrets Your Whiskey Holds: Trade Secrets in the Alcoholic Beverages Industry

With so many whiskey options currently on the shelf to choose from and new whiskeys continually being released, how do distilleries keep their edge and distinguish themselves from competitors? Sometimes, it’s not so clear because the answer lies in trade secrets. Trade secrets include information that is not generally known…

Brand Strategy and Best Practices from an IP Perspective

Branding is critical for businesses looking to build connections with customers and brand recognition in the market. A well-executed brand strategy often drives brand awareness and builds brand recognition by ensuring consistent design across all brand visuals. In this way, a consistent visual identity can be crafted. One way to…

Leaping AI’s Legal Hurdles: Three Considerations for Businesses Piloting AI

The integration of artificial intelligence (AI) into various industries has unlocked immense potential for innovation and efficiency. However, amidst the AI revolution, businesses face complex legal challenges, particularly concerning intellectual property (IP) rights.

Trademark and Patent Concerns

AI-generated content may inadvertently incorporate trademarks or infringe upon existing patents of others…