Ask The Patent Attorney: What do you gain by trademark registration?
Patent Attorney Vincent LoTempio answers these questions: What are the benefits of trademark registration? When should you use ®, SM or TM with a trademark? What are common law trademark rights? Please ask any patent or trademark question and Vincent LoTempio will answer it on a future show!
LXBN TV interview: Shield Act To Kill Patent Trolls
Recently I was interviewed by Colin O’Keefe of LXBN TV about the push in Congress and the Senate by bipartisan representatives to punish patent trolls. Peter DeFazio (D-OR) and Jason Chaffetz (R-UT) announced the proposed legislation named the Shield Act, which would make the “patent troll” that brings a patent infringement lawsuit liable for both sides’ legal fees should they lose. The Shield Act is an […]
Choosing the right trademark
I just put my most recent Ask the Patent Attorney video up on YouTube about what makes a strong trademark. When choosing a trademark a major factor to consider is distinctiveness. In the video (see below) we discuss the difference between a fanciful, arbitrary, suggestive, descriptive and generic mark. Too bad True Fit Corporation didn’t watch a similar video before choosing their name. […]
Ask The Patent Attorney: What is a good trademark?
This week Vincent LoTempio answers these questions about trademarks: What is a trademark? What should you consider when choosing a trademark? What are the different types of trademarks? Why are some trademarks refused registration? What makes a a good trademark to register? Did you know that sounds can be registered as a trademark? Watch the […]
SHIELD Act introduced to punish losing Patent Trolls
It’s pretty apparent that nobody likes patent trolls except for the attorneys that represent them. I think the biggest problem with nonpracticing entities (NPE’s) is that they sue on cases that are not true infringement cases. At first blush this may seem unreasonable because why would you sue a case if you didn’t think […]
Thesaurus of Claim Construction
Guest Blogger: David Stephenson, Rochester, NY patent attorney The Thesaurus of Claim Construction is an essential tool for patent litigators, prosecutors and general counsel. The authors Stuart B. Soffer and Robert C. Kahrl have taken advantage of the wealth of claim construction information available in the record since the Markman decision led courts to begin defining patent […]
Interview with cellband inventor Carl Kennedy
As a patent attorney here in Buffalo, New York I am constantly amazed at how inventors from all over the country come up with ideas in their heads and turn those ideas into actual products. Recently I spoke with a client regarding his journey as an inventor. I asked him if he would share with […]
Instagram’s Copyright Confusion
Guest Blogger: Devon Gawley, English Major SUNY Geneseo “It’s photo sharing, reinvented,” brightly declares Instagram’s homepage. While this catchy tagline may be referring to Instagram’s unique photo editing and sharing program, the newest reinvention comes January 16th with a new terms of service that has many users on edge, stating, “You agree that a business […]
Rush Limbaugh Cries: Google tax avoidance strategy
Whenever Rush Limbaugh sees an article and talks about it everybody wants know what’s going on. Just a few minutes ago on his show he mentioned how Google’s relative revenues of almost $10 billion were diverted to a shell company in Bermuda to avoid about $2 billion of worldwide income taxes. When people hear this they […]
How to Publish a Book
Authors are constantly calling me asking me “how can I get my great book published?” And recently I’ve read a great book by Guy Kawasaki and Shawn Welch entitled APE: Author, Publisher,Entrepreneur-How to Publish a Book that I believe every new author should read. It’s written from the perspective of someone who has “been there, done […]