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
Show me the Money! You are your licensee’s Keeper: Ledesma v. Marriott Int’l, Inc., Starwood Hotels & Resort Worldwide, LLC, 2020 WL 6747005 (November 16, 2020). By James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56731)
The United States District Court for the Northern District of Illinois correctly denied Marriott’s Motion for Summary Judgment in the above case. In this case, Ledesma travelled to India. He signed up for a hotel room at the Westin in Chennai, India. While on the premises Ledesma was hurt when the elevator dropped with him […]read more
Show me the money! Brexit. Highlights from INTA UKPTO CEO talk. By James Michael Faier, M.P.P., M.B.A., J.D.
I am in a presentation with the head of the UK patent office. Great news is that existing EU rights are created in the UK. But, if you have a pending application in the EU, then you must file in the UK. Remember that where you have an EU right, after December 31, 2020, you […]read more