Articles News & Research

Thursday, June 30, 2016

The Fourth Circuit affirmed the Maryland District Court’s dismissal of a breach of contract claim relating to the defendant filing trademark applications in several foreign countries, allegedly in violation of a Worldwide Coexistence Agreement relating to the parties’ respective PERDUE and PERDIX marks:  “ongoing duties not to do business in Maryland do not demonstrate that [the defendant] purposefully availed itself of the privilege of doing business in Maryland.”  Perdue Foods LLC v. BRF S.A., 814 F.3d 185, 191 (4th Cir. Feb. 19, 2016).

Wednesday, June 29, 2016

A motion for over $2 million in attorneys’ fees for plaintiff was denied by U.S. District Judge Marvin Garbis because (1) the attorneys for the plaintiff/prevailing party “unnecessarily proceeded beyond the pleading stage” with respect to a defective counterclaim, thus suggesting that plaintiff’s attorneys should have mitigated attorneys’ fees by filing a motion under Rule 12 of the Fed. R. Civ. P., and (2) attorneys’ fees related to state law counterclaims were not sufficiently intertwined with patent issues so as to make them recoverable under 35 U.S.C. § 285.  Genspera, Inc. v.

Thursday, September 24, 2015

Often one of the first questions we receive from clients is:  How long will it take to get my patent/trademark registration once an application is filed in the U.S. Patent & Trademark Office (“PTO”)?

Thursday, September 24, 2015

The cyber-landscape is changing. This month, the International Committee for the Assignment of Numbers and Names (ICANN) will expand the categories of generic top-level domain names (gTLDs). These are the letters after the dot in a web address. At present, there are 22 gTLDs, but the ones we’re most familiar with are .com, .net, and .org. Imagine a cyber-world with thousands of different gTLDs. ICANN tells us that this may describe the topography of the Internet in the near future. There might be, for example, .book, .skateboarding, or .midwest.

Thursday, September 24, 2015

If you are one of the many who believe that once a commercialized product holds a patent, it is completely protected from any infringement, you need to keep reading.  That’s because a product must be marked with the correct and active patent number to collect on past damages.  Unfortunately and all too often, that is not the case. 

Thursday, September 24, 2015

Patent law was conceived to spur innovation and incentivize original ideas. But in the age of technology, several factors have led to congestion of the court system, sometimes suppression of innovation and, in some instances, dubious assertions of patent infringement.  

Thursday, September 24, 2015

Trademark owners beware.  Your trademark may have been hijacked on the internet.  The internet creates many opportunities for trademark abuse.  For instance, third parties can claim registered trademarks as their own username on social media sites like Twitter and Facebook.  However, it is not the duty of the social network to police for unauthorized trademark use.  The trademark owner needs to monitor for any activities that may injure the strength, reputation and goodwill of their mark.  Sounds like an ominous task, so what should you do?

 

Thursday, September 24, 2015

Tech Transfer is an idea that everyone, regardless of industry, seems to be in love with at the moment.

Theoretically, it’s great.  

Here’s why:

Research (the chicken) that has already been paid for yields discovery and results (eggs) that, if licensed, can bring income (more chickens) back to both the inventor(s) and the institutions where the inventors work.  Brilliant (It’s a veritable hatchery!) 

But, here’s the catch:

Friday, December 6, 2013

Character assassination, reputation manipulation and intellectual property theft happen routinely on the Internet. They don't just happen in the movies. A recent case in a Virginia federal district court involves allegations of intellectual property theft and false information posted online. AvePoint, Inc. v. Power Tools, Inc. is a reminder to all companies that brand monitoring of Internet activities is vital for businesses that want to prosper in today's corporate world.

Tuesday, November 19, 2013

It is often said that you will know you have a really good idea when other people take it and use it as their own. Having someone steal your work is a compliment in its most offensive form. This holds true for patents, copyright, trademarks  and other intellectual property. It happens more often than you might think, but people don't always do something about it. Fortunately, the law recognizes that intellectual property theft happens on many levels and has safeguards in place for those who wish to pursue justice for these wrongful acts. 

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