By, Clayton D. Shorrock, Esq. As we all know, on June 23, 2016, the UK, the worlds’ fifth largest economy, voted to leave the European Union. The so called “Brexit” will have major implications on intellectual property rights in the UK and throughout Europe. While the UK will not officially leave the EU for a Read more about Keep Calm and Protect Your Intellectual Property Post ‘Brexit’[…]
Who’s going to SXSW in March? Are you an artist, a musician, an inventor, an IT guru? You are the innovators, the people who have ideas and are enthusiastic to introduce the world to who you are and what you are about. At the same time, you need to protect your creativity and to learn Read more about Road Trip: South by Southwest 2016![…]
As an employer, you will naturally want ownership over the works you pay your employees to create. However, are you aware of the difference between works created by employees and those created by independent contractors? Employee-created works are considered “works made for hire” and are presumed to be owned by the employer. On the contrary, Read more about Employment Agreements – Better Safe than Sorry![…]
Are you considering hiring independent contractors? While there are financial advantages to doing so, such as reduced payroll costs and flexibility in staffing, there are risks, particularly with regard to your business’ proprietary information. In order to avoid or minimize these risks and protect your assets, you should draw up a comprehensive independent contractor agreement Read more about The ABCs of Independent Contractor Agreements[…]
We are habitually asked the same question by all types of inventors: “I have an idea, but I am incapable of turning it into anything on my own. I am going to need to find help. What should I do to make sure I protect my idea?” Patent lawyers will immediately tell you that ideas Read more about How Can I Protect My Idea Before It’s an Invention?[…]
Patents: Patents are the best protection you can get for a new and novel product, method, and/or design. A patent gives its inventor the right to stop others from making, using or selling the claimed invention throughout the United States. International patent protection is also available. In general, a US patent will be issued for Read more about The Intellectual Property Guide to Tech Startups[…]
In 2013 U.S. District Judge Swain, when ruling on Tiffany’s Motion for Summary Judgment, held: “The question of whether a mark is, or has become, generic is generally one of fact,” citing Bristol-Myers Squibb Co. v. McNeil-P.P.C. Inc., 973 F.2d 1033, 1039 (2d Cir. 1992) Tiffany & Co. v. Costco Wholesale Corp., Civil Action No. Read more about Tiffany v. Costco – Kreskin says: I See An Appeal In Your Future[…]
In 1790, three patents were issued by the Federal Government. The first being potash—an ingredient used in fertilizer—followed by a candle manufacturing aide and an automated flour mill. To file for a patent, one would simply submit their idea to the Secretary of State, at the time, Thomas Jefferson, who sat as one of three Read more about Patent History: from Thomas Jefferson to the USPTO[…]
That’s the question we got the most. Last week, our firm hit Austin, Texas to exhibit at the SXSW Interactive Trade Show. We prepared for months, and had a booth that replicated a real law office, stocked with fun giveaways, the most popular (honestly one of the most popular at the entire show) being our Read more about What’s a Law Firm doing at SXSW?[…]
Sitting in our conference room for our Monday morning meeting, our Law Clerk relayed a conversation she had with a few people over the weekend. When explaining to people that she worked at an “IP Law Firm,” she was astonished that a few people, both old and new generations, didn’t know what IP stands for, Read more about What is Intellectual Property?[…]