Posts by Mark A. Goodman, Esq.
Common Trademark Filing Mistakes and How to Avoid Them
What are the most common trademark filing mistakes entrepreneurs make? Many entrepreneurs fall into the trap of using low-cost services or unqualified individuals to file their trademarks, which can lead to significant issues. A notable mistake is filing a trademark on an “intent to use” basis for a business that’s already operational, which fails to…
Read MoreHow to Avoid Trademark Issues When Naming Your Business
What are common mistakes business owners make when choosing a company name? Many business owners become overly attached to a name early on without checking for potential trademark conflicts. It’s crucial to remain flexible and creative in the early stages to avoid legal headaches. If a name is already associated with a large company, it…
Read MoreThe Dangers of DIY Patent and Trademark Filings
Many entrepreneurs, especially those working with limited budgets, often consider handling patent or trademark filings themselves. It’s understandable, as legal fees can be daunting. However, skipping professional help can lead to serious issues down the road. For patents, one of the biggest mistakes people make is not filing early enough. In the United States, once…
Read MoreIntellectual Property: What’s the Difference?
Intellectual property (IP) rights, which include patents, copyrights, and trademarks, are created by the government to encourage innovation. While they all serve to protect various aspects of your creations, they each function differently. A patent protects an invention, such as a new product or technology, ensuring no one can copy or use it without permission.…
Read MoreIntroduction to Patents
Patents are government-granted rights that allow the patent holder to exclude others from making, using, selling, or importing their invention. These intellectual property rights are akin to owning a piece of land—just as you can keep people off your property, a patent lets you prevent others from using your invention without permission. Patent protection is…
Read MoreDon’t Let Your IP Fall Through The Cracks
The coronavirus pandemic has thrust nearly all businesses into a state of unprecedented uncertainty and turmoil. This is requiring many businesses to prioritize expenses more strictly, and this will extend to spending on intellectual property filing and maintenance. I started my law firm shortly before the financial crisis of 2008, so I am familiar with…
Read MorePTAB Time-Bar Ruling Provides Additional Protection to Patent Owners
Owners of patents now have a little more protection against claims of infringement, thanks to a recent decision by the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB). In the case of GoPro, Inc. v. 360Heros, Inc., IPR2018-01754, Paper 38, the POP held that “service of a pleading asserting a claim…
Read MoreAmazon Brand Registry
When discussing potential intellectual property filings, client’s express to me concern about the high cost of enforcing intellectual property through the legal system. This is a real concern. While a cease-and-desist letter is relatively inexpensive, contested patent, trademark, or copyright litigation will easily run into the tens or hundreds of thousands of dollars. Some businesspeople…
Read MoreAvoid Litigation If You Can
Sometimes litigation is necessary, but I really feel it should be a last resort most of the time. The cost, time, hassle and stress is tremendous, and there is never a guarantee of results. Below our law clerk John Ellis sets for his “Top 8 Reasons Not to Litigate”. 1. Litigation is time-consuming and expensive.…
Read MoreHow Distinctive Is Your Trademark?
Our intellectual property intern has provided another excellent contribution. See below with my comments to follow: Spectrum of Distinctiveness for Word Marks The modern trademark law can be understood as a combination of unfair competition law and the Lanham Act. Section 9 of the Third Restatement on Unfair Competition defines “trademark” as “a word, name,…
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