This past week the Supreme Court decided a groundbreaking case concerning an Asian American rock band, the Slants. Their lawsuit has huge implications for the Washington Redskins trademark case and will set the standard for disparaging trademark viability. In 2011 the band tried to trademark their name with the United States Patent and Trademark Office […]
In late May, the Supreme Court placed limits on a patent owner’s rights after sales. The case concerned Lexmark International, a manufacturer of laser printers and imaging products. Lexmark sells and owns several patents covering toner cartridges used in its printers. Companies or individuals can refill and reuse the cartridges when they run out of […]
The Lanham Act is the federal law controlling trademarks. Section 1051 requires an individual uses the trademark in commerce before they apply to register the mark. But what exactly does the phrase “used in commerce” mean? Luckily, section 1127 of the Lanham Act provides some assistance. It states the word “commerce” means all commerce Congress […]
Registration and maintenance of a trademark requires that the trademark is distinctive and does not become generic. There are five categories of trademark distinctiveness: In descending order, from strongest to weakest, the spectrum of distinctiveness: “FANCIFUL” – Fanciful trademarks are the strongest. They include made up words or phrases that have no relation to the product […]
Camryn Sullivan, a student from Amherst Central High School, isn’t your typical high school senior. She has gained an impressive knowledge in such topics as trademarks, patents, and marketing through personal experience, and this breadth of knowledge recently helped her win a highly competitive scholarship from the National Federation of Independent Business (NFIB), the $2,000 […]
For many inventors and businesses, patents are of little value unless they are monetized. Patent owners have several different routes they can take to monetize their patents, but the general process is laid out below. 1.) Set Goals Every owner is going to have a different objective in monetizing their patents. Owners may be trying […]
Every great invention starts with a problem. For Ryan Ferris, that problem came in the form of the pesky mess left behind after trimming trees and shrubs. How could landscapers make their clean up job easier? How could homeowners maintain their own landscapes without the added stress of clean up? With those questions, the Sectional […]
It’s always exciting to see the success of our clients as they continue to grow their brand! In October 2016, LoTempio Law introduced Debbie Sullivan of Kae and Cami. Debbie invented a magnetic accessory which includes design hearts and interchangeable attachments. These attachments can be worn with a variety of apparel including scarves, T-shirts, beach wraps, pashminas, […]
Described by The New York Times as “a craze to rival the Hula-Hoop, and even less explicable,” the Pet Rock made Inventor Gary Dahl a millionaire. The secret to his success? According to Newsweek, the success of the Pet Rock was due to “one of the most ridiculously successful marketing schemes ever.” In addition to legally protecting […]
It is no secret that in order to obtain a patent, the invention must be a “useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”, (35 U.S.C. 101) but is allowing patenting of DNA taking the “useful” requirement too far? Canada doesn’t think so. Canada’s Intellectual Property Office has no qualms […]