Nearly 30 Years Of Representing Businesses And Their Owners
Download the article here Bigelow is a U.S corporation that specializes in producing fine quality teas. In 2017, Bigelow started selling tea products with a logo on the back of its tea packaging stating “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED.” In 2020, a...
Download a PDF of the article here: By the Firm’s IP and Tort Practice Groups In law, “strict liability” is an interesting concept. It provides that any company that places a consumer product in the stream of commerce (i.e., is part of the distribution process such as manufacturer, retailer or other seller) may be liable for injuries caused by the…
Download a PDF of the article here If your company conduct business through a website, you need to know the difference between “clickwrap” or “browsewrap” agreements. If you don’t know the difference between these terms and you are using the wrong noticing procedure on your website, your agreement is probably unenforceable. What do you mean unenforceable? It means that when…
By Stephanie L. Dunn Download a PDF of the article here In trademark litigation under the Lanham Act (“Act”), one of the most significant claims sought by the plaintiff is the disgorgement of all profits earned by the infringing defendant. The disgorgement remedy is designed to be a major deterrent to trademark infringement. Until recently, there was a vast split…
Listen to the Episode Here Sherrie M. Flynn, a partner at the Firm joins Valley Innovators on the “Return to Work” podcast series discussing five key areas for employers to address for Return to Work (RTW) success. Learn about how performing a Risk Assessment and Site-specific Plan reduces employer business risk as employees RTW. Listen to it here or at…
Download a PDF of the article here By Sherrie M. Flynn In a recent decision, the Supreme Court held that a chapter 11 debtor-licensor’s rejection of a trademark license agreement under Section 365 of the Bankruptcy Code does not terminate the license granted in the agreement. In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S.Ct. 1652 (2019), the trademark…
On December 3, 2019, Senator Thom Tillis, R-NC, chaired the Senate Committee on the Judiciary Intellectual Property Subcommittee hearing entitled “Fraudulent Trademarks: How They Undermine the Trademark System and Harm American Consumers and Businesses.” The hearing focused on ways to address fraudulent trademark filings, which have increased, particularly fraudulent filings by companies in China. According to Professor Barton Beebe, one…
By Gary S. Shuster It is important to remember that a patent does not give anybody the right to do what the patent covers. For example, if I had a patent on a more effective delivery system for MDMA or LSD, having a patent doesn’t change the fact that those drugs are considered Schedule 1 and illegal under almost…
Although an author automatically gains copyright protection for her work immediately upon the work’s creation, an author may not file an infringement action in court until “registration of the copyright has been made” in accordance with the Copyright Act. The Supreme Court was recently called upon to resolve a split amongst the circuit courts regarding when registration of a copyright…
By Jennifer T. Poochigian In Helsinn Healthcare v. Teva Pharmaceuticals USA, the Court affirmed a Federal Circuit decision invalidating the patent for Helsinns nausea drug Aloxi, based on patent laws Aon sale bar. In short, the Court found that the sale of an invention to a third party who is obligated to keep the invention confidential by agreement may place the…