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First-to-File: A Game-Changer in US Patent Law

Written By Ryan K. Simmons

The shift in patent law from First-to-Invent to First-to-File came about over a decade ago, but still leaves many inventors scratching their heads. Is First-to-File really as simple as “first come, first served&rdquo…

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Trademark Infringement is No Joke!: Jack Daniel’s Properties, Inc. v. VIP Products LLC

Written By Erica B. E. Rogers

Today the U.S. Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."  The Court remanded the case to the Ninth Circuit to reconsider the trademark infringem…

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It's About Time: Federal Court Addresses Delta-8

Written By Allen N. Trask, III and Amy H. Wooten

Delta 8 tetrahydrocannabinol ("THC"), an intoxicating form of THC often derived from hemp-derived cannabidiol (aka "CBD"), has been at the center of numerous hot button issues since its arrival in the broader hemp product …

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Not So Fast: Limits of "Settlement Negotiation" Protections

Written By Isabelle M. Chammas and Joseph A. Schouten

Understanding How and Why "Settlement Negotiations" May Be Used Against You To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and e…

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The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 2

Written By Norman J. Leonard

Ed.  Note: This is Part 2 of 2 What's in a name?  Beer names can be funny, creative, and whimsical.  But with the growing popularity of craft brewing, it's becoming increasingly difficult to come up with a…

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The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 1

Written By Norman J. Leonard

In addition to all its natural beauty and opportunities for outdoor recreation, Western North Carolina has more lately become known for its abundance of excellent craft breweries.  For our residents and visitors who …

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Website Compliance: Key Costly Legal Risks Every Business Should Consider

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

A recent statistic posted by Sweor states that 75% of consumers admit to making judgments on a company’s credibility based on the company’s website design. During COVID, many companies were forced to digitize …

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Stay in Your Lane: Defining the Scope of an IPR Deposition

Written By Payton Collier Bullard

The regulations governing discovery in an inter partes review ("IPR") proceeding do not provide for the same methods of discovery available in a patent infringement lawsuit. As such, when opportunities for discovery prese…

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Young Practitioners Look at 2020 U.S. Supreme Court Trademark Decisions

Written By Erica B. E. Rogers

U.S. trademark law saw numerous developments in 2020, including three decisions by the U.S. Supreme Court. Trademark cases seldom make it up to the United States’ highest court, which typically hears one or two such …

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Unintended Consequences of Copyright and Trademark Protection in Design

Written By Erica B. E. Rogers

It is widely accepted that some designs may be entitled to both copyright protection (as original, creative expressions of an idea) and trademark protection (as indicators of the source of a product or service). Brand own…

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Brexit, Schmexit: How Resilient is Your Trademark Portfolio and Enforcement Strategy?

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU).  From February 1, 2020, to December 31, 2020, the UK and EU are in a "Transition Period," where there will be no change to the proce…

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Further Extensions of USPTO Deadlines Under the CARES Act

Written By Erica B. E. Rogers

This article continues the discussion in our earlier article about thirty-day extension eligibility for deadlines with the U.S. Patent and Trademark Office. The U.S. Patent and Trademark Office ("USPTO") recognizes that t…

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Business Law Lessons from the Tiger King

Written By Alexander C. Dale

[Spoiler alert – This article discusses events documented in the Netflix series and is based on the content of the shows.] In this time of deep fear and heavy unrest about the novel coronavirus, COVID-19, the world …

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Challenges of New Hemp Brands

Written By Erica B. E. Rogers

Trademarks include the elements that constitute a "brand." Trademarks typically consist of words, phrases, symbols, designs, or any combination of those things, identifying and distinguishing the source of the goods or ser…

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Dot-Com Hits the Supreme Court

Written By Erica B. E. Rogers

Breaking News! What happened? The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v. Booking.com B.V., a case about whether the addition of ".co…

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Trademarks and Community Associations: Maintaining Your Community's Brand

Written By Norman J. Leonard

Your community association ("Association") probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements. But what about its good name?  If your communit…

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Tranquil Beaches and Simple Trademarks … and the Dangers Swirling Below

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

Trademark clearance and registration—sounds like an additional legal expense, right? Unfortunately, this potential cost is the reason many individuals and businesses forgo the trademark clearance and registration pr…

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USPTO Issues New Patent Eligibility Guidance in Berkheimer Memorandum

Written By Ryan K. Simmons

After the United States Supreme Court's 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, many inventors and patent practitioners were left asking, as Alice did in Lewis Carroll's 1865 novel Alice's Adventures in W…

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Wake Up and Smell the . . . PLAY-DOH®?

Written By Erica B. E. Rogers

It has been about a year since the toy company, Hasbro, Inc. (“Hasbro”), filed with the United States Patent and Trademark Office ("USPTO") to register the scent of PLAY-DOH® toy-modeling compound.   …

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Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection

Written By Norman J. Leonard

You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your dream has become reality, however, and your business starts to grow, it will not be successful for ve…

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Intangible Risky Business

Written By Angela P. Doughty, CIPP/US, AIGP

The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and value of intangible assets.  In fact, a business's intelle…

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Additional Guidance for Post-Alice Prosecution

Written By Ryan K. Simmons

The Latest Memorandum from USPTO on Subject Matter Eligibility Provides Additional Guidance for Post-Alice Prosecution On November 2, 2016, the United States Patent and Trademark Office ("USPTO") issued a memorandum to Ex…

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