1. Using Patents to Establish Brand

    Small businesses and especially startups are often well aware of what a patent can accomplish for their businesses; provide a legal monopoly for their inventions for a period of time.  And yet, the effects of a patent can go beyond protection of an invention and can include helping establish a strong brand for the business, which can further enhance the value of the business.  How can patents ac…Read More

  2. Countering Unauthorized Postings on the Internet

    The internet has provided owners of intellectual property with virtually instantaneous and unlimited access to vast new markets and opportunities.  On the other hand, the new medium has provided opportunities for copycats to make unauthorized use of others’ intellectual property works. The Digital Millennium Copyright Act (DMCA) provides a legal and procedural framework and mechanism for quick …Read More

  3. Kylie and Kendall Jenner Don’t Know Wrong from Rights

    Earlier this year, Kylie Jenner tried to register a U.S. trademark for “Kylie” as a brand for her celebrity and her branded goods.  For some reason, she or her legal counsel neglected to first find out if that name/brand was available for trademark registration in the trademark classes Kylie sought.  It wasn't. As early as 2006, several “Kylie” registrations had been obtained by supersta…Read More

  4. Can a trademark include a mark that’s already registered within it?

    It depends on how the registered mark is used and how arbitrary or fanciful is the registered mark. In short, if no one will confuse your mark with the registered mark, then you likely will be fine. For example, “Target” is registered by Target Brands, Inc. in association with various retail department store services. However, because “target” is a common English word, use of the word “t…Read More

  5. Trademark Infringement VS. Copyright Infringement

    Some clients are confused about when should they enforce their Intellectual Property (IP) right under Trademark and when should they do so under Copyright.  In short, while there may be some overlap between the two IP rights, the primary purpose for Trademark is to protect brand names and logos used on goods and services, and the primary purpose for Copyright is to protect an original artistic or…Read More

  6. Intellectual Property

    Briefly, the term intellectual property is an umbrella of rights that include patents (utility and design), trademarks (trade name, logo or trade dress), and copyrights. Patents afford protection for ideas that are useful, novel and non-obvious. There are typically three types of patents that concern most businesses; utility patents, which protect the use, function and structure of products; desig…Read More

  7. What to Do If You Are Sued for Patent Infringement

    I’ve heard and met clients, mostly small business owners, who were sued for patent infringement, but thought the allegations were untrue and their product do not infringe plaintiff’s patent, so they simply ignored the lawsuit.  This is absolutely the wrong choice as the plaintiff can simply enter default against you.  Even if the plaintiff is a non-practicing entity (also known as patent tro…Read More

  8. The DTSA

    In the most consequential Intellectual Property development of 2016, the Federal government has enacted a brand new federal trade secrets law, known as Defend Trade Secrets Act (DTSA).  This means that now all four branches of Intellectual Property (Patent, Trademark, Copyright, and Trade Secrets) are protected under Federal law and can be brought in Federal courts. Dr. Dariush Adli, President of…Read More

  9. Your Start-Up Will Stall If It Doesn’t Own Its IP

    As I’ve emphasized in other writings, the single most important asset of any business is its intellectual property (“IP”).  Sure, good management is very important, but executives and other managers can (and do) come and go.  A start-up’s IP, like a diamond, should be forever (or at least until it’s sold or transferred).  Among other benefits, securing ownership of all your start-up…Read More