When a licensee exceeds the scope of an IP license, the legal consequences depend on the license structure and the terms violated. Thoughtful license drafting and strategic claim selection can significantly affect available remedies and litigation outcomes.
Read MoreEffective brand protection requires more than registration alone—it demands continuous monitoring, strategic enforcement, and the use of both traditional and modern legal tools. Combining these approaches helps safeguard trademarks, products, and goodwill in an increasingly global and digital marketplace.
Read MoreDomain names are valuable marketing assets, but disputes over ownership have become increasingly common as the Internet expands. The UDRP offers an efficient, administrative path to recover domain names that infringe trademark rights and is often an effective first step before resorting to costly and time-consuming litigation.
Read MoreTyposquatting preys on simple typing mistakes to mislead users and profit from trusted brand names. Active monitoring and decisive legal or administrative action are key to limiting its impact and protecting online brand integrity.
Read MoreAs domain registrations continue to rise, domain name infringement has become a common and serious trademark risk. Often sending a cease-and-desist letter or initiating litigation will be the best solution, depending on the specific business goals.
Read MoreDomain hijacking is costly, difficult to undo, and often preventable with basic security and monitoring practices. Companies can lower their risk by using reputable registrars, keeping contact information current, securing logins, monitoring domains for changes, and enabling protective tools such as registrar locks.
Read MoreNot all Christmas music is free to use, and public performances of copyrighted holiday songs often require a license. Knowing which songs are in the public domain helps avoid legal issues while still spreading seasonal cheer.
Read MoreIntellectual property due diligence is essential in M&A transactions to confirm ownership, assess value, and uncover risks tied to key IP assets. Conducting this analysis early helps prevent costly surprises and ensures informed deal-making.
Read MoreSuccessful international business contracts anticipate legal, logistical, and regulatory differences across borders and address them directly in the agreement. Clear provisions on governing law, risk allocation, payment, and compliance are essential to reducing uncertainty and protecting both parties.
Read MoreAn effective IP enforcement program requires clear objectives, structured processes, and ongoing adaptation to address evolving infringement tactics.
Read MoreA business can protect its brand in cyberspace by Proactive Brand Monitoring and Engagement, Registering and Securing Brand Names, and Using Platform Policies and Legal Remedies.
Read MoreA terms of use agreement serves as a contract between a website operator and a website user, and allows for protection of the website and its content, the website users, and a business’s intellectual property.
Read MoreWhen various elements used to promote a product or service are inherently distinctive, or have acquired secondary meaning, they are entitled to protection as “trade dress.” This allowed Coca-cola to release a version of its red can without any explicit mention of the brand’s name.
Read MoreIncontestable trademarks provide conclusive evidence of validity, ownership, registration, and rights to use the mark. Once a mark has attained registration status through a Declaration under Section 15 of the Lanham Act, the mark can no longer be cancelled for descriptiveness. However, abandonment, genericness, and functionally are still viable challenges to an incontestable mark.
Read MoreSteps entrepreneurs can take to protect their big ideas include: securing patents and trademarks to protect their innovations and brands, proper execution from the beginning, avoiding giving away equity, and assembling a solid team.
Read MoreRule 68 allows a party whose pretrial offer of settlement is rejected to shift its costs (and potentially attorney’s fees) to the rejecting party if that party obtains a less favorable final judgment than that in the Rule 68 offer. This can have differing implications under the various intellectual property statutes.
Read MoreWith the advent of the Internet, counterfeiting has become a serious problem for consumers, brand owners, and governments alike. In order to counteract trademark infringement and copyright infringement on the internet, anti-counterfeiting measures can be enacted on a variety of levels, including at the factory, retail, and global levels.
Read MoreA trademark registration with the USPTO can provide many benefits that will assist with the growth of any brand. These benefits include nationwide brand protection, streamlining disputes, and limiting undue competition. Given the complexity and nuance involving trademark applications, it is advisable to retain the assistance of an experienced trademark attorney to maximize these benefits.
Read MoreIntellectual property (IP) law can be used to protect recipes. The primary IP tools are copyrights, trademarks, trade secrets, and patents. Read post for tips on protecting recipes with intellectual property strategies.
Read MoreThe intersection of Artificial Intelligence and traditional concepts of intellectual property, and the impact of this new technology on the current legal framework and existing IP rights, is complicated and evolving almost as quickly as the technology itself.
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