Why You Should Care About the Trademark Modernization Act

Why You Should Care About the Trademark Modernization Act

The United States Patent and Trademark Office (USPTO) began implementing the Trademark Modernization Act of 2020 (TMA) on December 18, 2021. Why should you care? Well, if you’re a business, you should care about your brand, generally, and your mark is a visible reminder to the world of that brand: It is what separates your business from the rest of the pack. TMA makes taking care of that brand a lot easier – but it also presents potential new threats to current registrations.

Don’t Let a Vaguely Defined Employment Relationship or a Weak IP Assignment Clause Lead You Into Litigation

Don’t Let a Vaguely Defined Employment Relationship or a Weak IP Assignment Clause Lead You Into Litigation

A fact pattern we see all too often is a former employee claiming an ownership interest in or over software or intellectual property (IP) developed by or for a former employer. Typically, this occurs with the former employee attempting to exploit a real or perceived ambiguity in his or her employment relationship with the employer—i.e., ambiguity regarding the former employee’s status as either an employee or an independent contractor.

A Practical Approach to IP Protection for Government Contractors

A Practical Approach to IP Protection for Government Contractors

A recurring concern voiced by small or emerging companies working in the government marketplace is, “How do I effectively protect my IP when I’m forced to work with large prime contractors?” A threat is perceived that a prime contractor will take or steal the IP from a subcontractor (small company) to eliminate competition or capture leverage with the government and that the government turns a blind eye to such actions.

IP Law and Your Protection Strategy: Ongoing Evolution Is Essential

IP Law and Your Protection Strategy: Ongoing Evolution Is Essential

You have to know the rules to win the game, especially when the rules change… often. In 2013, the movie Captain Philips told the true story of the hijacking of the Maersk Alabama. In April 2009, the Maersk Alabama cargo ship was attacked and captured by four Somali pirates less than 300 nautical miles off the Coast of Somalia. The Maersk Alabama recognized the threat yet had little ability to repel the assault.