Intellectual Property

5 Ways China Can Improve its Trademark Laws

The meteoric rise in the number of trademark applications in China over the last five years is a testament to the power and importance of China as a market for brand owners. In 2012, there were approximately 1.5 million applications filed in China, and by 2016 that number rose to 3.6 million. In 2017 applicants… Read More

What to Ask Your Attorney About Legal Expenses and Intellectual Property

1. What is the legal team’s background in working with other clients in a similar industry, company size, or stage as a small business owner? Different industries have different needs. If representing a food-catering business, you will need to know about various local and city permits needed to obtain. If presenting e-commerce businesses, you need… Read More

Protecting Intellectual Property: An Easy Guide for Startups

What Is Intellectual Property? Intellectual property (IP) is a general term for the rights recognized by U.S. law for creations of the mind, including: Patents – rights granted to inventors for novel and useful inventions. Trademarks – rights granted to businesses relating to the branding of their goods and services (company, product and service names). Copyrights – rights… Read More

Avoiding Shoot, Ready, Aim: Cease and Desist Letters and the Streisand Effect

The urban legend says, “If you don’t protect your trademark rights, you’ll lose them.” Like most urban legends, there is a kernel of truth lurking at the base, although the proposition is not literally and universally true. If mark owners do not enforce their rights against third-party uses of the same or similar marks or… Read More

Lee v. Tam and the Registrability of Disparaging Marks

Can a band register their name, “The Slants,” as a mark? Is that name disparaging to Asian-Americans and so barred from registration under the Lanham Act, 15 USC 1052(a)? Can the football team that plays in Washington maintain its registrations for its “Redskins” marks? During the oral argument at the U.S. Supreme Court on January… Read More

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