Author: James Faier
Show me enough of the money! Rabbi Hillel and branding. By James Michael Faier, M.P.P., M.B.A., J.D.
So I was studying Talmud tractate “Ethics of the Fathers” aka Pirkai Avot. I keep thinking about Rabbi Hillel’s statement at Chapter 1, verse 14: If I am not for myself, then who will be for me? If I am only for myself then what am I? If not now, then when? Well, here we […]read more
Fear and Trademarks. Believe in your Customer. By James Michael Faier, M.P.P., M.B.A., J.D. Registered Patent Attorney (USPTO #56731)
I am reading a book called Small Data. The author makes clear you need to focus small aspects of local life. The author, a Dane by birth, commented that the USA is ruled by fear. He says we try to make a big thing about being about freedom. I have been thinking about that and […]read more
U.S. Design Patent better than U.S. Trademark Registration for protecting new designs. By James Michael Faier, M.P.P., M.B.A., J.D. Registered Patent Attorney (USPTO 56,731)
Design patent for product design protect – better than trademark! For new products and new packages, I assert that design patent is a better approach than trademark. Several reasons. Design patent enforcement standard for infringement is whether and “ordinary person” where to think that the defendant’s design was infringing of the plaintiff’s design. In trademark […]read more
Copyrights – Show me the money! Don’t screw this up! (1) You must register a claim of copyright to enforce it. (2) Your claim must pre-date the infringement if you want statutory damages or attorney fees. By James Michael Faier, M.P.P., M.B.A., J.D. Registered Patent Attorney 56,731.
Copyright done right. Copyright is a cost effective part of every company’s IP protection. Here are important rules to remember. Copyright is not automatic in a legal sense. If you do not register your claim of copyright, then you cannot enforce a claim of copyright. Time and time again I get calls from businesspeople claiming […]read more
In the more than 25-years in practice I have been asked to register many sorts of trademarks. I have then had the opportunity to see how the trademarks function in the marketplace. By far and away the most successful trademarks were distinctive and less descriptive. To me, a distinctive mark is a mark where there […]read more