Colors and Trademarks

Looks are everything.  Sorry, kind of superficial, but it’s true.  Color specific trademarks are becoming more common, whether for chocolate, jewelry, sports products, or shoes.   Colors […]

The Fabric of Life, Or Your Clothing

In the United States there is little protection for clothing designs, but there is protection for prints and fabric designs used on clothing.  So, that floral print […]

The Incredible Value of Copyright Registration

Automatic copyright comes into play as soon as you create something that is in a fixed form. If you draw or paint something, record or write […]

Not Skirting This Issue – Patent Protection for Apparel

I visit about 4-5 outdoor specific trade shows every year, and the most common issue complained of is intellectual property protection for apparel.  Generally, protection for apparel is […]

Protecting Trade Dress – Apple Store Configuration

Apple registered their store configuration with the United States Patent and Trademark Office (USPTO). With this registration Apple obviously hopes to keep others from copying the […]

Genericide – Trademark

From time to time I read lawyerly things such as thick leather bound books with language most English speakers don’t understand (had to include an Anchorman […]

Green Day’s Transforming Use – Copyright

Bottom line, allegedly infringing work must contain a new expressive message or content. Plaintiff Derek Seltzer sued Green Day after his “Scream Icon” (a drawing depicting a […]

Gray Market, or is it Grey Market – Copyright

I’m not sure which could put me to sleep faster, reading a text book or reading a legal opinion about copyright infringement of text books. The […]

Revenue Streams

Increase Cash Flow Licensing is a tried and true business model that makes companies billions of dollars every year, typically with only minor upkeep and expenses. […]

Ten Reasons to Protect Your Intellectual Property

Sometimes people point out that it can cost $250,000 – $2,000,000 to sue someone for violating your patent or trademark.  Those people never seem to have that […]

How to Maximize the Exit Value of Your Company

When a company is sold, it is usually sold for higher than the book value on the balance sheet. This difference, the a gap between the book […]

How to Make Wise Decisions about Your Intellectual Property

The world of intellectual property can be very complicated. There are literally tens of thousands of pages of rules governing how it all works, plus thousands of […]

How to Handle the Negotiation Phase of the Patent Process

When you are faced with a patent application that has been rejected by an Examiner of the US Patent Office, it is important to keep several things […]

Five Kinds of Intellectual Property

There are five kinds of intellectual property. They are: Brand, Technology, Content, Secrets, and Relationships. Each kind of intellectual property has a different value for different companies, […]

10 Common Myths about Intellectual Property

I practice intellectual property law in the United States. The following are some of the most common intellectual property myths that I hear during my practice. When […]