By: J. Mason Williams IV Most law students and attorneys seem to either have little or no problem with evidence or they absolutely hate it, most probably fall in the latter group. If I have a document that I want to use as evidence, why can’t I? Evidence rules often seem tedious and unnecessary, but […]
By Scott Widerman No one likes to be in a foreclosure action for sure, but if you are there, use it to your advantage. One of the most important things to determine once a foreclosure action is brought against you is what you want the outcome to be. Winning a foreclosure action is not […]
From content sharing to crowdsourcing, web sites that facilitate exchange of user-generated content (UGC) are key components in what makes the web … the web! But of concern for website providers, promotions operators, sponsors, and others that permit third parties to post UGC is the possibility that the user will infringe third-party intellectual property or personal rights.
Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However, over a period of years, the traditional definition expanded beyond packages and containers to include the total look of a product. Today, the total look includes the packaging, as well as the design, shape, […]
By Daniel Davidson This election day, Tactical IP would like to share with you that intellectual property even extends its arms into the voting process. Without intellectual property (maybe a little less “intellectual” property in the 2000 election with the hanging chads) the election process would not be where it is today. Below are a few […]
In today’s web 2.0 world, it is even harder for companies to protect their trademarks. With more and more people interacting on these social media sites, we see more cases of trademark infringement. Many times the infringers are not even aware that what they are doing is illegal. For example, fans of a product […]
By: Dan Pierron Yet another part of the America Invents Act are Third Party Submission of Prior Art. This presents the opportunity for ex parte participation in the form of introducing prior art to be considered by the examiner in a pending application. This adds another tool in the arsenal of options for a party […]
By: Mark R. Malek My previous articles (see them here, here and here) have provided information on the requirements of disclosing prior art and about how to do some prior art searching. Many times, I am asked by a client to provide them a “complete” patent search that locates every piece of related prior […]
By: Tyler Hampy Say that you really want to use a phrase or logo that you know is trademarked. Is there a way you can use the mark without getting yourself into trouble? The answer is yes! You need a trademark license. A trademark license is a permit to use another’s mark. It gives […]
