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Category Archives: Patents

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Negative Look-For Advertising Statements

Posted in Advertising, Almost Advice, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Trademarks

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as opposed to a Big Green Egg). That’s not to say, the clunky words “look-for” are required, yet something equivalent and… Continue Reading

Insert Coin

Posted in Copyrights, First Amendment, Patents, Trademarks

Those of you who occasionally read my posts may have noticed that video games are a hobby and interest of mine.  I have posted on issues involving video games several times. See Executing Noriega, Flash in the Panama, Calling All Gamers.  And as I look back on it now, it appears that I, for a… Continue Reading

Printing Infringement: Are 3-D Printers the Next Napster?

Posted in Copyrights, Counterfeits, Fair Use, Infringement, Patents, Product Configurations, Technology, Trademarks

Happy 2016! I hope everyone had a fun and festive New Year celebration. As for me, I’ll be spending my three-day weekend tinkering with this: Thanks to my thoughtful husband and the rapidly increasing availability and affordability of these products, I am the proud new owner of a 3-D printer.  It’s basically been running nonstop… Continue Reading

Patent System is not the Fire that Hoverboards Need to Put Out

Posted in Articles, Branding, Idea Protection, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

One of the hottest toys during the 2015 holiday season was the hoverboard, and doesn’t that seem about right for this year.   I saw my first hoverboard earlier this summer — a guy was walking and holding hands with his girlfriend, as she glided alongside him on the hoverboard.  If I were to make a… Continue Reading

A Few Useful Holiday Inventions

Posted in Patents

One principal requirement for obtaining a utility patent is that the invention be useful.  “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor.” 35 U.S.C. 101.  The usefulness requirement has roots in the Constitutional grant of power… Continue Reading

Who Decides What Your Brand’s Worth?

Posted in Articles, Branding, International, Marketing, Patents, Product Configurations, Trademarks

On this Cyber Monday, I’m left wondering, will we ever have a day when the metrics and automated tools available are so accurate and reliable that intangible assets like brands (and trademarks) regularly will be valued, bought, and sold online? At rock bottom, a brand’s value is at least what another — in an arm’s… Continue Reading

Rough Landing for Airbus

Posted in Branding, Idea Protection, Marketing, Patents, Social Media, USPTO

As if economy airplane seating wasn’t bad enough, Airbus recently filed a patent application for vertically stacked passenger seating.  The proposed seating arrangement is intended to make more efficient use of cabin space.  What’s better than someone’s legs pushing into the back of your chair?   Someone’s legs dangling above your head. The patent application was… Continue Reading

Ads Touting Function Shoot Down Trademark

Posted in Advertising, Almost Advice, Articles, Branding, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks, TTAB, USPTO

This isn’t the first time we’ve written about brand owners who shoot themselves in the foot with their advertising. And, I’m sure it won’t be the last. As we’ve discussed before, touting the function of a product design feature can kill any hope of owning non-traditional trademark protection in that feature. The latest example from… Continue Reading

Apple Takes Us Back to PENCIL and PAPER

Posted in Branding, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Social Media, Squirrelly Thoughts, Technology, Trademarks, USPTO

If you are a member of the Cult of Apple, like tech, or even just watch the news, you’re probably aware that yesterday was Apple’s big fall event where they announce new product launches and updates.  The event showcased a new iPhone with enhanced photo features (as this Wired article aptly puts it “Because selfies.”),… Continue Reading

No MN State Fair Photos, Pretty Please?

Posted in Articles, Copyrights, Fair Use, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

Well, it is opening day at the 2015 Minnesota State Fair, it was a great day, perfect weather, thank you very much! Happy to see that Lulu’s Public House is going strong, she appears to have some new food items this year, and they look amazing — a Minnesota Wild Rice Benedict Muffin and a… Continue Reading

Do EU principles of free movement trump trade mark rights or vice versa?

Posted in Branding, Fair Use, Guest Bloggers, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Patents, Trademarks

Lauren Millward, Solicitor, Browne Jacobson LLP In recent times trade mark law in the UK has developed to comply with the fundamental principles of the EU including the free movement of goods and services within the EU. The decision of the Court of Appeal in the UK in Speciality European Pharma Ltd v Doncaster Pharmaceuticals… Continue Reading

Are Trademark Bullies Bringing Plausible Claims?

Posted in Civil Procedure, Copyrights, Fair Use, Guest Bloggers, Infringement, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents, Trademark Bullying, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Intellectual property enforcement continues to make news, and new solutions to curb abusive enforcement – i.e. trademark bullying, patent trolling, and copyright trolling – are being proposed regularly. Central to these solutions is the idea of a “fast-lane” that kicks bad claims to the curb before the bullied… Continue Reading

“Symmetrically Arranged” Buttons: A Patent Win for Nintendo

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Patents, Technology, USPTO

Nintendo has been making headlines recently.  The gaming industry is in mourning over the unfortunate passing of Nintendo CEO Satoru Iwata last week.  Iwata was instrumental in the success of the Nintendo Wii, among other Nintendo creations, and was known for his accessibility to fans. Nintendo was in the news again this week for a… Continue Reading

Med-tech is on its way home: What that means for lawyers and creatives, Part 1

Posted in Branding, Copyrights, Guest Bloggers, Idea Protection, Marketing, Patents, Technology, Trademarks

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD *This is part 1 of a two-part series on the impact of traditional medical devices finding their way to home use. In this post, Jason will introduce the topic and discuss implications for the four types of intellectual property. In the next post, he will… Continue Reading

Going YARD with the VARO Brand for Batters?

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Trademarks

Time spent with my boys in Omaha at the College World Series is hard to beat. Although, last year, Father’s Day weekend was hard to beat too. And, the archives indicate five years ago was pretty wonderful as well. Basically, it’s all good. On this particular road trip, we were fortunate to score tickets to… Continue Reading

Ford’s Patent Announcement Not so Groundbreaking

Posted in Patents, Technology, USPTO

Last week, a press release announced that Ford would “Open[] [its] Portfolio of Patented Technologies to Competitors to Accelerate Industry-Wide Electrified Vehicle Development.”  Media outlets were quick to report that Ford was joining Tesla in opening its patent portfolio, referencing Tesla’s widely publicized promise last year not to enforce its patents.  But Ford’s announcement is… Continue Reading

Google Wants to Buy Your Patent—To Keep it Away from a [Different] Patent Troll

Posted in Mixed Bag of Nuts, Patents, Technology, USPTO

    Last week, Google announced its new “Patent Purchase Promotion.”  Under this program, for a two-week period, companies and individuals will have an opportunity to offer their patents to Google for purchase for a price determined by the patent owners themselves.  The program is set to run from May 8th through May 22nd of… Continue Reading

Trolling for an Inventive Method for Patent Enforcement

Posted in Genericide, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, SoapBox, Squirrelly Thoughts, Technology, USPTO

In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire.  If you haven’t watched his show, and especially if you considered the former two as having an obvious political slant, you should check… Continue Reading

Big Green Egg on Hunt for TM Registration

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks, USPTO

As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill: As you will recall, we wrote about this product configuration trademark application, back in December of last year. Here are the challenges raised… Continue Reading

The Keys are in the Design

Posted in Almost Advice, Branding, Non-Traditional Trademarks, Patents, Product Configurations, Squirrelly Thoughts

We often ask kids this question: “what do you want to be when you grow up?”  While my trajectory towards lawyering is true, my answer wasn’t always immediately “lawyer.”  I sought something that satisfied my passion for the creative, my critical eye, and my aptitude for math.  For a long time, whenever I answered that… Continue Reading

Actually Resisting the Temptation to Tout Function and Hopefully Own a Trademark

Posted in Advertising, Almost Advice, Articles, Branding, Loss of Rights, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Technology, Trademarks, TTAB, USPTO

Continuing our ramp up toward the launch of our Strategies for Owning Your Product Designs webinar next week, I’ve been thinking a lot about the Morton-Norwich factors — the common analysis for determining whether a product design or feature can be owned as a trademark or whether it is functional and part of the public… Continue Reading