Influencer marketing peaks this time of year, raising renewed questions about how online creators can grow and protect their businesses. Like other marketable entities, content creators build success and revenue through carefully curated brands. An influencer’s brand often consists of a cohesive visual identity that is recognizable across short-form videos…

A U.S. patent provides its owner with the right to exclude others from practicing the claimed invention but does not provide the owner with the right to freely practice the claimed invention.

When determining whether an invention is patentable in the United States, a patent examiner searches other patents, products,…

Advances in artificial intelligence are transforming the way creative works are produced and raising a core question in copyright law: Who is the author when a machine plays a role in the creation? In response to this evolving landscape, the U.S. Copyright Office has issued some guidance to clarify how…

This year has brought a series of significant decisions reshaping the landscape of U.S. design patent law. These rulings not only clarify key legal standards but also carry major implications for how companies protect and enforce their designs. In this month’s IP Tip, we highlight some of the most influential…

In the United States, copyright protection for an original creative work exists as soon as the work is fixed in a tangible medium, i.e. written down, recorded, painted, etc. While copyright protection therefore exists even if the author or creator of the work never registers the work, registration entitles the…

Intellectual property can be one of the most valuable assets a business owns, but many companies underestimate its financial impact and importance. IP valuation is the process of determining the monetary value of intangible assets such as trademarks, patents, copyrights, trade secrets, and domain names. A proper valuation can support…

Congress is again debating two companion bills that could redefine U.S. patent practice: the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. PERA would rewrite Patentability §101 to roll back the Alice/Mayo line of cases, while PREVAIL would tighten procedures at the Patent Trial and Appeal Board (PTAB). The…

One of the requirements for establishing and maintaining trademark rights is using that mark. More accurately, an owner of a federally registered trademark must use their mark in commerce in the United States in connection with the goods or services identified in the registration. But while the USPTO generally requires…

Internet and internet-related scams are constantly evolving. Increasingly, online marketplaces are filled with counterfeit products that may infringe on your patent, or your trademark may be used to attempt to bring legitimacy to a fake social media account or in a fraudulent email.

Online takedown requests are a common intellectual…

In our interconnected world, inventors often seek patent protection in multiple countries to safeguard their innovations from unauthorized use, production, importation, and sale. As highlighted in our earlier blog post (see “International Patent Protection Strategy” from May 2023), it is crucial for applicants to carefully evaluate where they plan…