Intellectual Property 101: What Is It And Why Should You Protect It?

Intellectual property – we’ve all heard of it, but how exactly is it defined? And how does it apply to a business? Read on for a primer on all things intellectual property, including why it’s important for small businesses or companies on a budget, and how to strategically build an intellectual property portfolio.

Intellectual property refers to intangible creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images […]

By | Oct 26, 2020 ||

Tenuous Common-Law Trademark Rights Inadequate To Sustain UDRP Complaint

A recent UDRP decision illustrates the challenges inherent in basing a UDRP claim on common-law trademark rights.

Complainant was a California-based company that filed for a U.S. federal trademark application for BLENDID, covering automated food and beverage preparation machines. The application was filed on an intent-to-use basis and published for opposition on December 11, 2018. Respondent was a U.K. resident which invested in domain names for development and sale. It registered the domain on […]

By | Oct 24, 2020 ||

PTAB Grants Rare Request For Live Witness Testimony In IPR

While PTAB proceedings are ordinarily decided “on the papers,” in certain rare cases the Board will permit live witness testimony at the oral hearing.

The Board’s precedential decision in K-40 v. Escort explains that “[t]he Board does not envision that live testimony will be necessary at many oral arguments.” K-40 Electronics, LLC v. Escort, Inc., IPR2013-00203 (PTAB May 21, 2014) (Paper 34) (made precedential March 18, 2019). Instead, “the Board envisions that live testimony will be necessary only […]

By | Oct 22, 2020 ||