Articles News & Research

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.

Wednesday, April 25, 2012

Berenato & White, LLC attorneys Steve Kelber and Kyle Hepner recently helped the University of South Florida (USF) assert ownership over an invention covered by four valuable patents that had been impermissibly filed by a private company, Alzheimer’s Institute of America (AIA), twenty years ago. In 1992, an invention was made by University faculty – that invention, sometimes referred to as the Swedish mutation – has been used by researchers the world over in exploring the causes of, and possible treatments for, Alzheimer’s disease.

Wednesday, February 29, 2012

In the span of five days, our office received six calls from clients regarding an “invoice” received from what appeared to be the Trademark Office.  This was unusual, especially given that the U.S. Patent and Trademark Office does not send invoices to the owners of trademark applications and trademark registrations.  

Saturday, October 22, 2011

The PTO has implemented the Prioritized Examination system authorized by the America Invents Action.  The goal is that the applicant will have either a patent or a decision that no patent can be obtained within 12 months of submission.  The requirements are:

Thursday, September 29, 2011

The America Invents Act was signed September 16, 2011 and became effective September 26, 2011.  It concludes a six-year effort to make reforms to U. S. patent law.  While the reforms are many and some fundamental, the initial impact is an increase in fees paid to the PTO by patent applicants and patent owners.