Protection of trademark rights in the United States is only given to those products and services that are considered legal at the federal or state level. While individual states are allowing broader protection of cannabis and cannabidiol (CBD) products, protection at the federal level remains limited. The 2018 Farm Bill allowed for some goods containing […]
In short, yes, and there are many different ways in which cannabis and cannabis-related inventions may be protected. The U.S. government has authority to grant patents under the Patent and Copyright clause of the U.S. Constitution (U.S. Const. Art. 1, § 8, cl. 8). By comparison, the U.S. government has authority to grant trademark registrations […]
The photo of Prince on the left above was taken by Lynn Goldsmith in 1981. Andy Warhol used this photo to create an unauthorized series of silkscreens – the “Prince Series” – which appears to the right of Goldsmith’s photo. Goldsmith is a well-known rock-and-roll celebrity photographer. When Warhol passed away in 1987, the Prince […]
Here are two examples: (1) Clearview AI has scraped billions of publicly available images from social media platforms and compiled them into a facial recognition database that it’s made available to law-enforcement and private industry.
The Challenge A significant challenge faced by many early-stage companies that are interested in filing provisional patent applications, is that a provisional patent application must be filed prior to any public disclosure of the invention (to preserve foreign rights). This means no disclosure prior to any revenue on any product or service of the invention. […]
The scope of copyright law is vast – it protects traditional art forms such as books, music, photos and paintings, but also covers more exotic forms of expression, such as computer software, choreography, literary and movie characters (Batman, James Bond) and even useful objects (product and clothing designs). However, it often can be difficult to […]
We find that clients are often aware of how to use patents, trademarks and copyrights to protect their intellectual property. However, they seem less confident about how to utilize trade secret law and how it might benefit them. Trade secrets can be a powerful tool and this form of IP protection should always be considered as part of a company’s “IP arsenal.”
In 2013, the United States converted from a “first to invent” patent system to a “first to file” patent system. Under the “first to file” system, if two inventors filed separate patent applications on the same invention, the inventor who filed first would receive the patent. This is true even if the inventor who filed later was first to conceive the invention. Although the “first-to-file” system seems to encourage a “file early, file often” approach, there are a number of factors to consider when deciding when to file a patent application in the U.S. and elsewhere.
Patents can be used to protect your innovations. There are different types of patents that can be obtained through the U.S. Patent and Trademark Office (USPTO). In particular, utility patents are used to protect new and useful processes, machines, manufactures, compositions of matter, or any new and useful improvement thereof. Design patents can protect the shape and/or surface ornamentation of a manufactured article.
Intellectual property is an intangible asset, or a collection of intangible assets, created through the ingenuity of people in the form of their brands, innovations, original works of authorship, and confidential information. Intellectual property may serve as the foundation of many businesses and ventures. Thus, it is very important to protect your intellectual property as your business develops and grows.
A trademark can be any word, phrase, logo, or design that connects your business with its goods or services in the minds of consumers. This can include your business name, product name, or tagline. Trademarks are some of your company’s most valuable assets as they symbolize your reputation and good will. They are how consumers recognize your products or services among those of your competitors.