Blog
The Ghost Face Mask’s Terrifying Time at the USPTO
We hope you had a fun Halloween and that your candy hangover isn't too bad. We were posting Halloween-themed posts in October, and today's post will be the last one addressing the mask from the Scream movies. As we explained in our post about trademark protection for...
Ghost Face’s Screams of Infringement Don’t Frighten Scary Terry
It's almost Halloween, so we thought we would share an opinion from a case that involved the mask from the Scream movie franchise. It also involves a character named "Scary Terry," but don't worry, it's not our own Terry Sanks. The Court's opinion in this lawsuit...
Dotting I’s and Crossing T’s Every Time
October 10, 2022— [Ed. Note: Beusse Sanks Patent Agent/Attorney Lisa D. Velez explains the importance of responding to arguments that a USPTO Examiner might make but fail to fully support. The lazy patent agent might simply point out that the Examiner did not...
Infringing Candy? First Friday of Fall Post
September 23, 2022— Today is the first Friday of Fall. Pumpkin Spice has been in the air for weeks, and now it's time to talk about something more serious: trade dress protection for candy! That's right - the actual shape or configuration of your goods might be...
Claiming Nothing Requires Careful Patent Drafting
September 12, 2022— [Ed. Note: Beusse Sanks Patent Agent/Attorney Lisa D. Velez walks us through some of the technical precision required when drafting a patent application and the inventor claims the *absence* of something as part of their invention (a "negative...
Florida Brands Featured in Separate Upcoming USPTO hearings
The USPTO might reject a trademark application for various reasons, including that it is "merely descriptive" or that it is "confusingly similar" to another registered or applied-for mark. In addition, a third party, such as a competitor, might oppose your trademark...
NFTs and Copyright Law: A Couple of Considerations
December 1, 2021—Non-Fungible Tokens (NFTs) are digital files with a unique identity that is verified on a blockchain, which is a system of recording information in a decentralized manner that makes it difficult to impossible to change, hack or cheat the system....
Is Your Business Name Protected?
October 3, 2021—Business names are powerful as the goodwill associated with a name can provide a business a competitive advantage. Using a non-descriptive business name that is also not generic has even more value. Establishing ownership of and rights to a business...
How Has the Defend Trade Secrets Act Fared Two Years After Enactment?
July 9, 2018—About two years ago, on May 11, 2016, the Defend Trade Secrets Act (“DTSA”) was signed into law. The DTSA amended the Economic Espionage Act of 1996, by creating a private right of action in federal court for trade secret theft. To bring such an action,...
Federal Theft of Trade Secrets Act Enacted
May 12, 2016—The Defend Trade Secrets Act (“DTSA”) was signed into law yesterday. The DTSA amends the Economic Espionage Act of 1996 and now provides another means to protect against intellectual property theft. Though federal law already provided for a criminal theft...
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