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Damaged Money

Maximizing Recovery in Trade Secret Cases: A Guide to Damages and Remedies

Written By Isabelle M. Chammas, Michael J. Parrish, and Gavin B. Parsons

Ed. Note: This is the fourth in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,…

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hemp leaves with money

2025 USPTO Fee Changes Disproportionately Impact Hemp Businesses

Written By Erica B. E. Rogers

Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) enacted a new trademark fee structure that affects fast-paced industries more than others, most notably, the hemp and cannabidiol ("CBD") in…

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Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

Written By Alexander C. Dale, Gavin B. Parsons, and Mark S. Wigley

Ed. Note: This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,…

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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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What's in a Name Anyway? Trademark Basics for Community Associations

Written By Erica B. E. Rogers

This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners. I. What is a Trade…

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Artificial Intelligence and the Patent Application Process: A Synopsis of the Potential Benefits and Risks

Written By Ryan K. Simmons

The use of artificial intelligence ("AI") tools in the patent application process gives rise to a vast array of risks and opportunities for intellectual property ("IP") practitioners and society at large. IP practitioners…

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The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

Written By Lilian L. Faulconer and Erica B. E. Rogers

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act.  Businesses should care about the FTC Endorsement Guide…

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Ward and Smith: Our Highlights of 2023

Written By Laura V. Hudson

As we reflect on the past year, it's evident that 2023 has been remarkable for Ward and Smith. We've welcomed new team members, launched new practice groups, and been recognized in some pretty rare air, if we do say so ou…

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Top 10 Most Popular Articles of 2023

Written By Joanne H. Badr and Joseph A. Schouten

As we approach the New Year, it's time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith attorneys have provided valuable insights into various legal considerations. Here are…

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I’m an Intellectual Property Attorney 'In a Barbie World.'

Written By Erica B. E. Rogers

As a child of the 90s, I cannot wait to experience the cultural phenomenon, the Barbie film. I frequently practice law at the intersection of art and commerce, and while I cannot possibly write an article that captures ev…

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Brisk Briefings: Quick Hitter Legal Updates

Written By William S. Durr and Alexandra E. Ferri

At their recent Construction Conversations and Closely Held Business Briefing event, several Ward and Smith attorneys provided an overview of privacy and data security, rules associated with name, image and likeness use fo…

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Updates to North Carolina's Assumed Business Name Law—Are You Ready?

Written By J. Michael Fields, Olivia G. Lewis, and Erica B. E. Rogers

First, what is an Assumed Business Name? An assumed business name, often referred to as a "fictitious name," "DBA," or "doing business as" name, is a name that a business uses other than its legal name. DBAs differ by ent…

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Watch hands with cannabis leaf at 4:20

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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Pixelated Trademark

The Trademark Modernization Act

Written By Erica B. E. Rogers

Background on Trademark Rights While it is not required to establish trademark rights in the U.S., there are many benefits to applying to register trademarks with the U.S. Patent and Trademark Office ("USPTO").  For …

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Close up beer glass, bottle, hops and barley

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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Man sampling beer at local microbrewery

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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Highlights From the Intellectual Property Law Institute of the Lavender Law® Conference

Written By Erica B. E. Rogers

I recently attended the 2021 Lavender Law® Conference, a virtual event of social networking, on-demand programming, and live sessions hosted by The National LGBT Bar Association and Foundation.  The final day of t…

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Red Nametag with red marker

Company Names vs. Trade Names: Understanding the Legal Difference

Written By Norman J. Leonard

So you did all the hard work that was necessary to get a new business off the ground.  And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited l…

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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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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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U.S.-China Trade Deal Shows Potential for Improved U.S. Intellectual Property Rights in China

Written By Ryan K. Simmons

A result of negotiating techniques from Donald Trump's book "The Art of the Deal" or a result of strategies from the ancient Chinese military strategy treatise "The Art of War"?  Who knows, but on January 15, 2020, t…

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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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CBD oil and blurred hemp plan image

Trademarks and Hemp-Derived Cannabidiol: Brand Protection for CBD Products

Written By Norman J. Leonard

Cannabidiol (commonly referred to as "CBD") has been in the news for several years now, due to its touted health and wellness benefits. This is especially the case since the Agricultural Act of 2018, or AIA, became law in…

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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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CBD oil and hemp plant

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

Written By Erica B. E. Rogers, Tyler J. Russell, and Allen N. Trask, III

For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with the myriad uses of hemp, including cannabidiol (aka, "CBD…

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Large ocean wave crashing

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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Close up of dog nose

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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runners taking off at starting line

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

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

Business owners, whether starting a new business or a new brand, tend to have similar trademark-related questions: Do I need a trademark registration?  What rights will a registration provide?  What are the assoc…

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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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A red rose on a stem with leaves and thorns

Avoiding Three Costly Mistakes: Common Trademark And Copyright Pitfalls That Plague Businesses

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

Intellectual property law impacts every business—whether owners of the business know it or not.  For example, the moment a name is used in relation to your business's goods or services, certain trademark rights …

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