Category Archive for "Articles"

What Is Trade Dress Protection And How Can It Protect My Product?

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Trade dress is a legal term that is used to describe the “total image and overall appearance” of a product design or product packaging. In certain cases, a business or individual may use trademark law to prevent others from using…

Patent Lawyer Florida

Patentable Software Update: Federal Circuit Finds Another Software Invention Patentable

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Core Wireless Licensing V. LG Elecs., Inc.Core Wireless Licensing V. LG Elecs., Inc. Core Wireless Licensing v. Lg Elecs., Inc. serves as yet another example of how display interfaces and structures may be patent eligible. In Core Wireless the Federal…

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…