The Ups And Downs Of Being Generic

Any business owner would be pleased to have its company become a household name or its brand used as a widely-known generic word.  The Zoom brand is experiencing this very “being generic” phenomenon right now.  With all of the current recognition, is there...

Assignor Estoppel And Patent Validity

The assignor estoppel doctrine is a doctrine of United States patent law barring a patent’s seller (the assignor) from attacking the patent’s validity in subsequent patent infringement litigation.  The doctrine of assignor estoppel is a core aspect of patent law.  It...

Understanding Trade Secrets: Are You Sworn To Secrecy?

Tesla has accused one of its engineers of stealing trade secrets.  More specifically, downloading 26,000 sensitive files, which uncovered a wide range of business processes, creating a roadmap to Tesla’s innovation.  Companies experience threats to their intellectual...

Copycats, Counterfeits And Fakes Oh My!

Trademark is Key to a Successful Takedown of Counterfeits Counterfeiting was already a billion-dollar industry with the internet being a major enabler of its global growth.  The rate of digital transformation is unstoppable, and COVID-19 has forced shoppers to rely...

Pandemic Relief Bill Includes Significant Trademark Law Changes

President Trump signed the Trademark Modernization Act (TMA) on December 27, 2020, which contains significant trademark law changes, as part of the coronavirus relief bill.  Consumers rely on trademarks to know the source of the products they are buying.  The United...

Plain Packaging: Don’t Judge a Book by Its Cover?

How do you find the one you want? The International Trademark Association (INTA) held its annual meeting in November, bringing together 3,340 participants from 110 countries virtually, to address concerns in brand restrictions.  The most extreme form of restriction,...