Klemchuk LLP Newsletter - 4Q 2019

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Alexa Goes Explicit: Samuel L. Jackson To Take Over Alexa’s Voice

Amazon releases Samuel L. Jackson as voice option, and premium feature, for Alexa with an explicit version option. Additional celebrity voices to be added. How could this affect IP rights?

Read the article here.

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Big Tex, a Little History, and the State Fair of Texas

As the saying goes, “Everything is bigger in Texas.” Nobody fits this mantra better than the official mascot of the State Fair of Texas. Big Tex is a common sight and landmark at the State Fair; however, most aren’t aware of his humble (and peculiar) origins. 

Read more here.

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Conversations with Innovators - Q&A with Kenneth Lewis of OneGold and APMEX

OneGold is a precious metals trading platform, and a partnership between precious metals leaders, APMEX and Sprott. For almost 20 years, APMEX has been one of the nation's leading precious metals e-retailers, with 1.5 million customers placing over $10 billion in transactions.

Ken Lewis is a results-oriented professional with more than 25 years of leadership experience across a broad range of retail and technology organizations, many of which are in the Fortune 500. His strategic and operational changes have resulted in growing both the top and bottom lines of an organization. Mr. Lewis joined APMEX in 2011 as EVP of Operations, followed by two years as Chief Operating Officer. Ken is also the CEO of the fast-growing digital precious metal platform OneGold.com

Read the full conversation here.

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Does Your “Taco Tuesday” Violate Trademark Rights?

Before you incorporate “Taco Tuesday” into your family’s weeknight menu, consider this: Cheyenne, Wyoming-based Taco John’s registered a federal trademark for TACO TUESDAY® with the United States Patent and Trademark Office (“USPTO”) in 1989 and has aggressively pursued various offenders of the mark nationwide for more than 30 years.

Does the casual use of “Taco Tuesday” violate trademark rights? Although Taco John’s owns the US federal trademark registration for TACO TUESDAY, the mark may be in a downward spiral into genericide due to widespread public use. Sometimes, trademark protection and enforcement isn’t enough against public misuse.

Read the full article here.

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Northern District of Texas Adopts Amended Local Patent Rules

Effective October 1, 2019

NDTX Adopts Amended Local Patent Rules (2nd Amended Miscellaneous Order No. 62)

The Northern District of Texas Chief Judge Barbara M.G. Lynn entered Second Amended Miscellaneous Order No. 62, which amends the Court’s previous local patent rules. According to the Order, the Amended Rules “will take effect on October 1, 2019, and will apply to any Dallas division patent case filed on or after that date. It will also apply to any pending Dallas division patent case in which, on the date this Order takes effect, more than 9 days remain before the initial disclosures of asserted claims and preliminary infringement contentions required by paragraph 3-1 is due.”

Click here for a summary of the files and major revisions.

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Klemchuk LLP Law Firm Named to 2019 Inc. 5000 List

The firm was named to the 2019 Inc. 5000 list, an annual ranking of the nation’s fastest-growing private companies by Inc. magazine. The list represents a unique look at the most successful companies within the American economy’s most dynamic segment—its independent small businesses. 

“Klemchuk LLP was founded to be a different type of law firm and with the vision of being a great place for great people to work. We are a values-based business, with a commitment to our clients to protect and further their business,” said Founder and Managing Partner Darin M. Klemchuk. “We are honored that our growth earned us a spot on the 2019 Inc. 5000 list among such well-respected companies.”

Attorneys Recognized as 2019 Texas Super Lawyers

Managing Partner Darin Klemchuk and Partner Kirby Drake have been named to the 2019 Texas Super Lawyers list in Intellectual Property Litigation. Partner Jim Chester has been named to the 2019 Texas Super Lawyers list in Technology law. The annual Texas Super Lawyers list is published by Super Lawyers Magazine, a Thomson Reuters service.

Darin M. Klemchuk Named to 2020 Edition of "The Best Lawyers in America"

Founder Darin Klemchuk has been included in the 2020 Edition of The Best Lawyers in America© (Copyright 2019 by Woodward/White, Inc., of Aiken, S.C.), in the area of Litigation - Intellectual Property.

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