Category Archive for "Articles"

Transferring Intent-to-Use Applications – Trademark Owners Beware

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My clients frequently ask me if they – trademark owners – may transfer ownership interest in trademarks and trademark applications.  The short answer is – wait for it . . . wait for it . . . – it depends. …

August Newsletter

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The Plus IP Firm August Newsletter

What is Secondary Meaning?

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Brand developers and business owners should carefully consider the word or mark that consumers will identify with a good or service. Before investing resources in developing a brand, consideration of what makes a trademark or service mark (collectively referred to…

Patented Stamp

Another Patent Eligible Software Invention – Trading Technologies International, Inc.

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In Trading Technologies International, Inc. v. CQG, Inc. (“TTI”), the Federal Circuit found claims for a graphical user interface (“GUI”) to be patent eligible subject matter under 35 U.S.C. § 101.  This case is another example of how software may…

June Newsletter

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The Plus IP Firm June Newsletter

April Newsletter

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The Plus IP Firm April Newsletter

WHO IS THE TRADEMARK OWNER – DISTRIBUTOR OR MANUFACTURER?

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One question that arises in trademark law is who is the owner of a trademark – the manufacturer or the distributor?  This question may be difficult to resolve when a relationship between a manufacturer and a distributor ends and the…

Patent Lawyer Florida

THE BUDDING TRADEMARK GREEN RUSH: A RACE TO PROTECT MARIJUANA RELATED BRANDS UNDER TRADEMARK LAW

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Medicinal marijuana and/or recreational marijuana have been legalized on the state level in twenty-nine (29) states as of early 2017. The race to harvest the benefits of this budding industry has been termed the “Green Rush”.  Trademark law will be…

December Newsletter

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The Plus IP Firm December Newsletter

So Whose Work is it Anyway?: A Discussion on Who Owns Copyrights to a Work

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As an intellectual property lawyer I am often asked who owns the copyrights to a work. Under the Copyright Act of 1976, 17 U.S.C. §§ 101-1332 (2012), copyright ownership vests initially with the author or authors of the work.  In…