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About About Engaging With Us Careers Ideate Team Team Darin Klemchuk Brian Casper Jim Chester Mandi Phillips Mark Stachiw Rich Wynne Theodore Shiells Zach Tiritilli Services Intellectual Property Litigation Business Litigation Corporate & Commercial Patents Trademarks Technology & Data Software & Copyrights Anti-Counterfeiting & Enforcement Internet & eCommerce International Business Local Counsel Industries Airlines Automotive Blockchain Technology Consumer Products Cosmetics Cryptocurrency Cybersecurity Digital Arts Digital Marketing Ecommerce Energy Fashion Health Technology Luxury Brands Professional Services Real Estate Developers Restaurants Retail Software Sporting Goods Technology Telecommunications Contact
Klemchuk
IP Lawyers | Intellectual Property Law Firm
Google Fights Patent Trolls by Purchasing Their Patents
Google Fights Patent Trolls by Purchasing Their Patents

Google fights patent trolls with “Patent Purchase Promotion,” through which patent owners, presumably some patent trolls, can name their intellectual property’s price. Google intends it will help curb patent trolling.

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Law, Blog, PatentsKlemchuk LLPMay 19, 2015Comment
Remember the Alamo – And Get a License
Remember the Alamo – And Get a License

Texas through GLO is the owner of the premises of The Alamo and owns the image of THE ALAMO and the right to commercialize that image to whatever extent the State, as owner, decides to do so. Commercial use of the image of the Alamo requires licensing.

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Law, Blog, TrademarksKlemchuk LLPMay 14, 2015Comment
Hollywood, TV, and Sports Leagues Push Back Against Periscope
Hollywood, TV, and Sports Leagues Push Back Against Periscope

The Periscope app allows users to live stream content from their phone to other specific users or to the public. Some have used the app’s live-streaming function for “video piracy,” allowing access copyrighted content protected behind some sort of paywall.

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Law, Blog, Software & CopyrightsKlemchuk LLPMay 12, 2015
Three Stripes and You’re Out: Will Marc Jacobs See Adidas in Court Over Trademark Infringement?
Three Stripes and You’re Out: Will Marc Jacobs See Adidas in Court Over Trademark Infringement?

Adidas filed suit against Marc Jacobs to protect its iconic “Three Stripe Mark.” Along with trademark infringement, the complaint accuses Marc Jacobs of unfair competition, trademark dilution and deceptive trade practices. Does Adidas have a strong case?

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Law, Blog, TrademarksMelissa GrayMay 12, 2015
Innovative People Create Innovative Companies

There’s really no such thing as an “innovative company” itself - it’s the people within the organization that make it what it is.

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Culture, BlogGuest UserMay 7, 2015
Hedging Your Bets With the PTAB: IPR Petitions
Hedging Your Bets With the PTAB: IPR Petitions

IPR petitions allow a petitioner to request to cancel one or more claims of an issued patent on the grounds of anticipation and/or obviousness based on other patents or printed publications.

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Law, Blog, PatentsKlemchuk LLPApril 30, 2015Comment
Federal Circuit Denies Trademark Registration on Disparagement Basis
Federal Circuit Denies Trademark Registration on Disparagement Basis

A Federal Circuit panel denied trademark registration for an Asian-American rock group’s name, the Slants, on a disparagement basis, because the name is racially disparaging.

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Law, Blog, TrademarksKlemchuk LLPApril 28, 2015Comment
Marijuana Brands: What Willie Nelson Can Learn from Bob Marley
Marijuana Brands: What Willie Nelson Can Learn from Bob Marley

The biggest intellectual property challenges for celebrity marijuana brands is in the realm of trademark protection and rights of publicity.

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Law, Blog, TrademarksKlemchuk LLPApril 27, 2015Comment
Use It or Lose It: Proper Use in Commerce for Your Trademarks
Use It or Lose It: Proper Use in Commerce for Your Trademarks

In Couture v. Playdom, Inc., the Court held that mere advertising or offering of services is insufficient to support registration of a service mark. Proper use in commerce requires rendering of services and sale or transportation of goods.

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Law, Blog, TrademarksKlemchuk LLPApril 23, 2015Comment
Words You Shouldn’t Be Using To Describe Yourself

Whether in an interview or at a social event, when asked how you describe yourself, take a good portion of humble pie and leave it to others to sing your praises.

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Culture, BlogGuest UserApril 22, 2015
Google Fielded 100 Million+ DMCA Takedown Requests in 2015
Google Fielded 100 Million+ DMCA Takedown Requests in 2015

DMCA takedown requests from copyright holders has been on steady rise in recent years. Article by Klemchuk LLP, a copyright law firm.

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Law, Blog, Copyright Protection, Internet & EcommerceKlemchuk LLPApril 21, 2015
State Judges Begin to Accept Service via Social Media
State Judges Begin to Accept Service via Social Media

With difficulty in physical service of process and the widespread use of social media platforms for keeping connected, judges are now allowing for service via social media. Article by Klemchuk LLP, an Internet and ecommerce law firm.

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Law, Blog, Internet & EcommerceKlemchuk LLPApril 14, 2015Comment
A Fast and Furious Legal Conundrum: Who Owns a Dead Actor’s Image?
A Fast and Furious Legal Conundrum: Who Owns a Dead Actor’s Image?

Who owns a dead actors image? The untimely death of Paul Walker during the filming of the Fast and Furious 7 brings about questions on CGI copyright rights, right to publicity, and work for hire doctrine. Article by Klemchuk LLP, a copyright law firm.

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Law, Blog, Copyright ProtectionDarin M. KlemchukApril 13, 2015Comment
Incontestable Trademarks: Part 1
Incontestable Trademarks: Part 1

The filing of a Declaration under Section 15 of the Lanham Act and the approval of such declaration results in incontestable trademarks. An incontestable trademark registration can be used as the basis for injunctive relief in an infringement action before U.S. courts.

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Law, Blog, TrademarksKlemchuk LLPApril 9, 2015Comment
The Importance of Teamwork

Three tools that are key to having and maintaining excellent teamwork: communication, setting expectations and achievable goals, and always maintaining respect for those on your team.

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Culture, BlogAmber DassingerApril 8, 2015
Commil USA v. Cisco: Supreme Court Considers Another Patent Infringement Defense
Commil USA v. Cisco: Supreme Court Considers Another Patent Infringement Defense

In Commil USA, LLC v. Cisco Systems, Inc., the Supreme Court considered arguments for an extension to an already existent patent infringement defense: that the alleged infringer lacked the requisite intent to infringe.

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Law, Blog, PatentsKlemchuk LLPApril 7, 2015Comment
Another Battle Over Craft Beer | Innovation Brewing
Another Battle Over Craft Beer | Innovation Brewing

Bell’s Brewery, a Kalamazoo, Michigan brewery, filed an opposition with the U.S. Trademark Trials and Appeals Board against Innovation Brewing’s attempt to trademark “Innovation Brewing.”

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Law, Blog, TrademarksKlemchuk LLPApril 2, 2015Comment
B&B Hardware v. Hargis Industries: Ruling Fed. Courts Must Give Due Deference To TTAB Decisions
B&B Hardware v. Hargis Industries: Ruling Fed. Courts Must Give Due Deference To TTAB Decisions

In B&B Hardware v. Hargis Industries, the Supreme Court issued a ruling that federal courts must practice due deference and defer to previously issued Trademark Trial and Appeal Board (TTAB) rulings when the issues that the two consider are identical.

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Law, Blog, TrademarksKlemchuk LLPMarch 31, 2015Comment
Data Breach Prevention Requires an All-Hands Approach
Data Breach Prevention Requires an All-Hands Approach

For proper data breach prevention, a plan and security measures should be outlined and put into practice with an all-hands approach to help ensure compliance and security throughout an organization.

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Law, Blog, Technology & DataKlemchuk LLPMarch 27, 2015Comment
The Designs They Are A-Changin' - Design Patent Applications
The Designs They Are A-Changin' - Design Patent Applications

As the United States formally becomes a member of the World Intellectual Property Organization (WIPO) effective May 13, 2015, changes are coming to design patent application law in the United States.

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Law, Blog, PatentsKlemchuk LLPMarch 26, 2015Comment
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IP Lawyers

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