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Don’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 MoreThe Top 10 Things I Have Learned About Business From Shark Tank
Around 7 years ago my wife and I invested in a local startup company. There was a buzz around the company, (which I will anonymously call “XYZ”), and a number of successful local individuals were investing including a number of my wife’s doctor and dentist friends, so we dove in. A couple of…
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,…
Read MoreMarijuana, IP, and Interstate Commerce
Our new legal intern, Zen Yang Pan contributes this entry. By Zhen Yang (Tommy) Pan February 13, 2015 Legalizing Interstate Commerce Marijuana Use As more states begin to legalize medical and recreational marijuana use, the trend of the market suggests that vendors want to commercialize its use. However, marijuana is legalized only under state laws,…
Read MoreMark to Argue Before the 9th Circuit
I have 2 cases with oral arguments in the 9th Circuit Court of Appeals. We have prepared a press release for the Greenwood Matter. See below: NEVADA BANKRUPTCY ATTORNEY COMMENTS UPON THE DUTY OF BANKRUPTCY CREDITORS TO FILE TIMELY OBJECTIONS TO EXEMPTIONS CLAIMED BY BANKRUPTCY DEBTORS Reno, Washoe County, Nevada, December 17, 2014 –…
Read MoreMark’s Trademark Article Published!
Below please see the article I published in the December edition of Northern Nevada Business Weekly Trademarks are the legal protection for your brand. Trademark law benefits consumers by allowing them to quickly identify and select goods and services that they trust. When I walk into a Starbucks® location, I don’t have to worry about…
Read MoreMoney for Nothing
Here is a quick post from John K Ellis, J.D. of Goodman Law Center HOW BANKS WORK Here is how I always thought that a private bank worked: A group of enterprising young businessmen (would-be bankers) get together and put up a bunch of money (capital) in order to start a bank. The bank then…
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