How Marketing and IP Legal Teams Can Get on the Same Page
By Carrie Bader Legal and marketing departments might sometimes seem like oil and water. Ask trademark lawyers about marketing or vice versa, and you might see some exasperated eye rolls. We’ve heard the stereotypes: The creatives in marketing don’t take risks seriously. Legal always puts the kibosh on our ideas. It doesn’t have to be […]
Reasonable Royalty 101: A Prudent Approach to the Most Common Patent Litigation Damages
By Michelle Marriott Coming out of the COVID shutdown era, patent infringement litigation has been hot. To be sure, there have been big headlines during the past couple of years, among them billion-dollar verdicts against Intel and Cisco in patent disputes. Although appeals and adjustments often occur, numbers that big don’t go unnoticed. But IP […]
Three Considerations for Defendants in NPE Patent Litigation
By Eric Buresh The first that many companies hear about patent litigation filed by a non-practicing entity (“NPE”) is when they receive a complaint initiating litigation. And the chances of being on the receiving end of NPE litigation are trending upward. According to a detailed report from patent acquisition company RPX Corp., the first quarter […]
To Patent or Not? Take a Hard Look at These 3 Things
A movement is brewing among workers, perhaps emboldened by the robust labor market and pandemic-induced introspection. Whatever the reason, many are deciding to pursue success on their own terms — as entrepreneurs — now. For the innovators among them, there’s pressure to plant a flag in the ground quickly, guarding their creations with patents. In […]
Trademarks in M&A Due Diligence
By Carrie A. Bader In a complex merger or acquisition, there are many moving parts. Due diligence of trademark registrations can get lost in the shuffle. But thorough review of brand assets can help avoid pitfalls and maximize the investment. Here are some considerations to make sure no stone is left unturned: Review the portfolio […]
Roundtable Discussion: Leading Women In-House Counsel on Leadership, Visibility and Client Engagement
By Megan Redmond The gender gap in intellectual property is profound and far-reaching: Nationwide, women make up 37 percent of licensed attorneys, but they represent just 17 percent of patent attorneys. According to the American Intellectual Property Law Association, more than half of women in IP have never served as first chair in litigation, compared […]
Trademark Delays: Strategies to Work Around the USPTO Backlog
By Carrie Bader “How long does it take to register a trademark?” This is a common question from brand owners, and an important one. After all, registering a trademark is a significant step in protecting a brand. Over the past few years, it has been taking longer and longer to get a trademark registration from […]
The Rise of Design Patents in the Last Decade
By Megan Redmond Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection strategy. Here is some important context behind the rise in design patent filings and how they can […]
The Metaverse Gold Rush: What Smart Brands Should Do (And Not Do) Now
By Jennifer Bailey It is hard to escape the buzzword “metaverse” these days. Major tech companies are betting on the virtual future, with Facebook even re-naming itself “META” in homage to the concept. Traditional brick-and-mortar based brands are staking a claim as well. For example, in February 2022, McDonald’s filed trademark applications before the U.S. […]
A Trade Secret Storm Looms: Six Steps to Take Now
A storm is brewing in the intellectual property world, and it’s heading straight for trade secrets. With millions of Americans quitting their jobs each month — 4.3 million in December alone — and pandemic-stunned companies still leaning on patched-together remote operations, controlling sacred information has become particularly difficult. The Great Recession of a decade ago […]
