This article provides a reasonably accurate overview of a deal flow for many transactions involving the sale of IP-based companies, professional services businesses, and other Knowledge-Based Enterprise (“KBE”). The article is part 2 of a 12-part series covering the key elements involved in the sale of IP-based and professional services businesses.
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Gatorade’s use of “sports fuel” was not an infringement of another company’s mark, per a recent ruling by a three-judge panel of the 7th Circuit Court of Appeals.
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In recent news, the Facebook “Like” button may get a revamp to align with the EU’s GDPR standards.
Read MoreTransactions involving knowledge-based businesses have additional nuances that must be addressed, to ensure both parties benefit from the transaction. This article discusses some of the special issues presented in these types of deals, involving transferring intangible assets.
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The Trademark Registration Audit program of the USPTO randomly selects trademark registrations to be audited in order to determine whether the registered trademarks are actually in use with their related goods and services.
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A Philadelphia bar is seeking to trademark ‘PLAY GLORIA’ and use it in connection with the sale of apparel and merchandise emblazoned with the mark, claiming first use and creation of the connection of use with the mark in support of the St. Louis Blues hockey team that used Laura Branigan’s 1982 song “Gloria” throughout their Stanley Cup championship series.
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A federal court passed down a blockbuster ruling, holding that e-commerce giant Amazon can be held liable for third party sellers’ products, effectively allowing Amazon to be held liable for defective products sold by third party vendors via the Amazon marketplace.
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A video of someone licking a tub of Blue Bell ice cream and returning it to a store shelf soon went viral. Beware the legal consequences of intentionally tampering with a consumer product, knowing that the consumer product will be offered for sale to the public or as a gift to another.
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Tech companies and leaders in audio monitoring systems have created aggression detector surveillance technology systems as an alternative to typical video monitoring, to monitor auditory interactions between people and perceive when a conversation is escalating to potential violence, triggering an alert.
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The decision over whether Kim Kardashian will be able to successfully register “KIMONO” is left ultimately up to the U.S. Trademark Office alone, and the federal agency is banned from making subjective decisions on the registrability of the mark based on public sentiment.
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The Supreme Court ruled that the long-standing precedent and prohibition of seemingly scandalous trademarks violated the First Amendment.
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Read for a discussion and access to the local patent rules of Texas federal courts, including diagrams and checklists for the patent rules as well as admission requirements and local counsel requirements for Texas federal courts. This post provides resources useful for Texas patent litigation.
Read MoreSee the full SDTX local patent rules as well as a downloadable checklist summarizing the local patent rules for the Southern District of Texas. For educational purposes only. Published by Klemchuk LLP
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Prenda Law was found by the court to have acted as copyright trolls, knowingly creating or exacerbating the situation by uploading the very torrents of pornographic content to websites such as Pirate Bay that were at the center of their lawsuits.
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Intellectual property attorneys should focus on whether Return Mail v. USPS decision will be used to prohibit the government from raising challenges as a “person” in other avenues of intellectual property law.
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A recent innovation has used the Internet of Things to study bees in an attempt to figure out why there has been such worldwide colony collapse.
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One of Amazon’s latest patent applications covers a method for Amazon’s AI-assistant, “Alexa,” to start recording before the trigger or use of the device’s wake word. And reignites debate about consumer privacy and AI.
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The estate of famous composer Harold Arlen, composer of the classic “Over the Rainbow”, has sued multiple technology giants over alleged unauthorized recordings of Arlen’s compositions.
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In gathering consumer data and “learning” from consumers, without consumer ability to completely shut them off, virtual assistant privacy concerns are valid. Retailers like Amazon, Google, and Microsoft argue that the virtual assistant data collection practices, which often allow for no deletion, or even require any sort of disclosure in some cases, are integral to improving the consumer’s experience.
Read MoreBecause there are a number of legal entities to choose from, businesses must evaluate several factors before determining which form of business they will choose.
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