Joseph V. Mauch
2.24.20 / Joseph V. Mauch

The Supreme Importance of Foreign Trademark Registrations

Clients often ask what the benefits are of registering a trademark. There are many benefits to registering a trademark in the United States, but, if a client wants to do business outside the US, registration in those foreign jurisdictions is especially important. Unlike in the US, where the owner of

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Cristina N. Rubke
1.24.19 / Cristina N. Rubke

Recent TTAB Decision Denying Application Shows Importance of Policing Trademark And Risk Of Relying Too Heavily On Prior Registration

Securing a federal trademark registration is never a guarantee, even when the applicant has an incontestable registration for a very similar mark. In In re Inn at St. John’s, LLC (June 6, 2018), the Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to register 5IVE STEAKHOUSE (stylized) based

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Michael B. Dell
1.23.19 / Michael B. Dell

Employee Invention Assignment Agreements

Start-up companies that are looking to raise funds will often need to answer questions regarding the intellectual property ownership rights of the company.  These questions often arise in the due diligence phase of an equity financing and investor’s counsel will want to see clear evidence that the company owns (or

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Erick C. Howard
11.20.18 / Erick C. Howard

Attorney’s Fees Awarded In DTSA Action For Not Immediately Dismissing Objectively Specious Misappropriation Claim

The District Court for the Northern District of California recently issued an order awarding partial attorneys’ fees to a defendant in a trade secret misappropriation case brought pursuant to the federal Defend Trade Secrets Act (“DTSA”) and California Uniform Trade Secrets Act (“CUTSA”).  The decision is most notable for making

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Joseph V. Mauch
10.8.18 / Joseph V. Mauch

The Music Modernization Act Promises Welcome Changes to Copyright Laws

In mid-September, the U.S. Senate, in a rare bipartisan effort, unanimously passed the Music Modernization Act (the “MMA”), implementing a number of important changes to the copyright laws covering music. The House of Representatives, which had already passed its similar-but-slightly-different version of the MMA earlier this year, agreed to the

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Michael B. Dell
4.19.18 / Michael B. Dell

The Interstate Commerce Requirement of the Defend Trade Secrets Act

The two year anniversary of the enactment of The Defend Trade Secrets Act of 2016 (the “DTSA”) will occur next month, on May 11, 2018.  The DTSA created a private, civil, federal cause of action for misappropriation of trade secrets.  The statute provides, in relevant part, that “[a]n owner of

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Joseph V. Mauch
5.13.16 / Joseph V. Mauch

Testimony By Affidavit: Proposed Changes to Discovery Process in Opposition and Cancellation Proceedings Before the TTAB

The U.S Patent and Trademark Office recently announced proposed rule changes for proceedings before the Trademark Trial and Appeal Board (“TTAB”), which hears oppositions to pending applications to register trademarks as well as challenges to existing registrations. There are a wide range of proposed changes but the most significant relate

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Joseph V. Mauch
4.11.16 / Joseph V. Mauch

Apple v. Samsung: Supreme Court Agrees to Review Award Based on Design Patents

The United States Supreme Court recently agreed to hear Samsung’s appeal of last year’s Federal Circuit decision affirming an award of $548 million in favor of Apple. The Court’s decision not only prolongs the seemingly endless legal battles between the two heavyweights, but it promises to answer an important question

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3.9.16 / Joseph V. Mauch, Erick C. Howard, Michael B. Dell, Cristina N. Rubke

Welcome

Welcome to Shartsis Friese Intellectual Property Insights. Fair Use. Alice. Force Majeure. IPR. B&B Hardware. Standard Essential Patents. PII. Office Actions. At Shartsis, we know there is a lot of buzz out there about intellectual property law and we know how easy it is to get lost in the seemingly ever-changing

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