Protect your wine and label before the glasses are filled and put on the table. Throughout the history of our civilization wine has been associated with rituals and regions across the globe. The aromas, savors and spirits of wine are as vast and varied as the grapes, the growers, and wineries that produce, bottle and […]
The new rules are now official and a first to file system has now been implemented by United States Patent and Trademark Office. This first-to-file is pretty much governed under the 35 USC 102(a) and the exceptions under 35 USC (b). Simply speaking 102(a)(1) – has to do with publications and 102(a)(2) – talks about the […]
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!
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]