Articles News & Research

Tuesday, September 3, 2013

Last week the nation commemorated the 50th anniversary of the March on Washington for Jobs and Freedom, at which, in 1963, the Rev. Martin Luther King, Jr., delivered his famous “I Have a Dream” speech. The fact that we heard a lot about that speech, heard small quotes from that speech, but did not hear or see the entire speech played on radio or television, or transcribed in the newspaper, demonstrates a point about copyright law. 

Tuesday, July 9, 2013

The U.S. Supreme Court recently ruled that human genes cannot be patented, but that genetic material created in the lab is eligible for patent protection. In Association for Molecular Pathology, et al v. Myriad Genetics, Inc., the Court handed down a unanimous decision that naturally-occurring genes should remain in the “public storehouse of knowledge.” This decision is sure to have wide-ranging effects on biotechnology patent law in the days and years to come.

Tuesday, June 25, 2013

Two recent U.S. Supreme Court decisions highlight some of the nuances of intellectual property (IP) law. At first glance, they could seem like two different sides of a similar doctrine but, as in most aspects of IP law, the intricacies make all the difference.

Monday, June 17, 2013

When in patent or intellectual property (IP) litigation, under certain circumstances you might want to request a Special Master to help move your case along. What is a Special Master?  It’s someone who has expertise in IP law and is engaged by a court to assist in keeping the case moving or resolving issues unique to IP law. Usually the Special Master is able to give quick decisions, especially on pretrial motions and procedures.

Friday, May 10, 2013

Berenato & White, LLC attorney Joseph W. Berenato, III has been appointed Special Master pursuant to Rule 53 of the Federal Rules of Civil Procedure in Shire Development LLC, et al v. Osmotica Pharmaceutical Corp., et al, Case No. 1:12-cv-0904-AT, by the United States District Court for the Northern District of Georgia. 

Tuesday, May 7, 2013

Since 1933, Washington DC football fans have “hailed” their beloved team, the Redskins.  Since 1967 the team’s name has been protected under federal trademark laws.  So why are there current discussions that the team may have to change its name?

Friday, April 12, 2013

When the Trademark Office evaluates whether there is a likelihood of source confusion between two or more marks, there are often times when you need to think outside the box and look beyond the obvious differences in the marks and the identified goods and services.  Sometimes the most valuable evidence against confusion lies in identifying the actual consumers who purchase the goods or services. 

Tuesday, March 19, 2013

You may have heard that the Internet Corporation for Assigned Names and Numbers, or ICANN, has been promoting an initiative to increase the number of generic Top-Level Domains (gTLDs).  These new gTLDs are expected to become live mid-2013.  

Monday, March 4, 2013

You create a unique design and want to protect your rights in it.  But how?  Should you apply for a copyright, a trademark or a design patent?   The answer ~ it depends.  

We often find confusion surrounding designs.  We may get a request to file a design patent, but a copyright application is more appropriate.  Or we may get a request to file a trademark, but the design as used is not an indicator of source.  So what are the differences between a copyright, trademark and design patent?

Wednesday, February 6, 2013

When making plans to establish a business, selection of names is critically important. From your company name to your product or service name, how do you want to be identified?

As I write this, I look around and see words that identify specific products and businesses - Lucent® for phones, Staples® for office supplies, Paper Mate® for pens and Poland Spring® for water.  All of these are federally registered trademarks, words that are used to identify and distinguish one manufacturer’s products from another.