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Trademark Marijuana Products?

Products that are used to smoke marijuana received U.S. federal trademark registration in November 2018. Yet it remains impermissible to trademark drug paraphernalia under federal law. How was this trademark obtained? Use-in-Commerce Specimen Submitted by Applicant in...

Nikola vs. Tesla – Design Patent Litigation – What Would Nikola Tesla Think?

Design patents can be an effective method of protecting the look of a product. Although narrow in scope, design patents can provide real protection of a company’s intellectual property especially when multiple design patents are used to protect a concept, as shown by the lawsuit Nikola Corporation has filed against Tesla, Inc.

Patent a Recipe?

Recently there have been many inquires about patenting a recipe. Many of these inquires are related to the new California law legalizing marijuana that has inspired many entrepreneurs. However, a recipe is patentable only if the recipe meets certain narrow criteria. ...

Ten Million (10,000,000) Patents

The U.S. Patent & Trademark Office (PTO) anticipates that utility patent number 10,000,000 will issue sometime in 2018.  According to the PTO, the 10 millionth patent symbolizes the position of the United States as an innovative and economic powerhouse based on...

Someone Is Using Your Brand Name! What Can Be Done?

Federal trademark registration is cost-effective, providing a lot of bang for the buck for protect brand names. Social media sites will frequently remove an infringing use if the business has a registered trademark for its brand name. But, the situation becomes more complicated if the name is not already trademarked.

Federally Registered Trademark Protects Brand Names

Many entrepreneurs and small businesses start their business by offering goods or services on the internet using a brand name. Online advertising and selling may create common-law trademark rights that provide some protection to the brand name. However, obtaining...

So You Have A Phone App That You Want to Patent — Or Subject Matter Patentability

Subject matter patentability defines what types of inventions may receive patent protection, and favors physical objects. A phone app or software program is not, in and of itself, a physical object. To obtain a patent on a phone app or software there must be more than the app itself. It is not sufficient to take a task that has been performed without use of the internet, and then make an app to do the task on the internet. The invention must improve the functioning of the computer or phone, or must show an improvement in another technological field

What’s In a Name? Unicorn Latte v. Unicorn Frappuccino

A juice shop in Brooklyn NY created the Unicorn Latte, and filed for federal trademark registration. After getting some good publicity for the Unicorn Latte, Starbucks began selling Unicorn Frappuccino. Now, the owners of the juice shop seeking damages for trademark infringement from Starbucks