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Blogs > Trademark, Copyright, and Unfair Competition Law Blog

Intellectual Property

Aug 13, 2021

Commercial General Liability Coverage for Trademark and Copyright Claims

As a business owner, you regularly assess the risks associated with your business and how to limit exposure. Almost all business activities carry some risk of liability and the possibility of being named as a defendant in a lawsuit. One of the first questions asked when that situation arises is whether the company’s insurance policy will cover the claims asserted. » Read More

Aug 06, 2021

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

Three-dimensional (“3-D”) printing is an innovative way to make products without the expense of machinery in factories. At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. » Read More

Jul 02, 2021

Challenging the Validity of a Patent: The Supreme Court Minerva Decision

The Supreme Court of the United States recently held in the case of Minerva Surgical, Incorporated v. Hologic, Incorporated that the doctrine of assignor estoppel (a rule that prevents people who assign their patents to a company from then challenging the validity of their patent) is alive and well, but subject to certain important exceptions. » Read More

Jun 11, 2021

Intellectual Property: What Are the Differences between Patent, Trademark, and Copyright?

While every business recognizes the need to protect its intellectual property, it’s easy to get confused about what each type of intellectual property protects. Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. » Read More

May 21, 2021

Patents and Trade Secrets – to Disclose or Conceal?

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. Besides this superficial similarity, patents and trade secrets are different, both in the kinds of ideas they can protect and in the responsibilities of the owner of the patent or trade secret. » Read More

Apr 09, 2021

The Wild Wild West: How to Enforce Your Copyright on Social Media

Twenty-three years after the passage of the Digital Millennium Copyright Act (“DMCA”), the social media landscape remains a “Wild Wild West” for copyright owners. Though not afforded the attention attracted by the spread of misinformation on these platforms, copyright enforcement can be an uphill battle for copyright owners, as social media companies struggle to enforce rules of conduct for the enormous output of third-party content they host. » Read More

Mar 12, 2021

Patenting Recipes – Recipe for Disaster or Sweet Reward

According to the U.S. patenting courts, “new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent.” » Read More

Feb 12, 2021

Common Issues in Patent and Trademark Litigation

Utility patents protect ideas and inventions, design patents protect the ornamental aspects of a product, and trademarks protect the exclusive consumer association with your company that your brands, logos, or designs evoke. Despite the differences in these types of intellectual property (“IP”), lawsuits involving patents and trademarks have striking similarities and crucial differences. » Read More

Apr 18, 2019

How to Grow Your Food Business: Tips and Best Practices in Great Supply at SFA Business Summit

Last week, I was fortunate to attend the Specialty Food Association’s Business Summit, a two-day conference in Chicago featuring essential tips and best practices for how to grow a specialty food company.  Over 150 food companies attended.  Our firm was honored to be one of the sponsors for the event, as you can see from the photo of our table at the opening night reception below. » Read More