Angelo Notaro A highly effective—yet often underutilized—tool in the intellectual property enforcement arsenal is recording trademarks and copyrights with U.S. Customs and Border Protection (CBP). While registration with the U.S. Patent and Trademark Office (USPTO) or the U.S. Copyright Office provides the foundation for protection, recording those rights with CBP empowers the agency to take direct action … Read more
Effective April 17, 2025, the U.S. Patent and Trademark Office (USPTO) has suspended the expedited examination program for design applications. Under this expedited examination procedure, design applications are examined with priority and undergo expedited processing through the entire course of prosecution in the USPTO. In fiscal year 2024, nearly 20% of design applications were applications … Read more
Can a trademark plaintiff recover profits from an infringer’s affiliates? In Dewberry Engineers Inc. v. Dewberry Group, Inc., Case No. 23-900 (U.S. Feb. 26, 2025), the U.S. Supreme Court unanimously ruled that profits earned by “non-party” affiliates cannot be included in calculating damages under the U.S. Trademark Act, commonly known as the Lanham Act. The … Read more
In the United States, the law governing patent rights includes provisions designed not only to protect inventors and patent owners but also to provide public notice of those rights. One such provision is the patent marking requirement, which directly affects a patent owner’s ability to recover damages from an infringer. Under 35 U.S.C. 287(a), a … Read more
United States patent and trademark applications, grants, and filings in 2024 increased notably, underscoring the recognition of the strategic importance of patents and trademarks by businesses and individuals looking to safeguard their inventions and identities. This upward trend highlights the vital role that patents and trademarks play as assets and in fostering technological advancement and … Read more
Safeguarding Trade Secrets The law protects trade secrets from misappropriation, that is, the acquisition of a trade secret by improper means. “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or duty to maintain secrecy, or espionage through electronic or other means. A trade secret is defined as … Read more
The leading U.S. case on the question of trademark registration for the color of a product is Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995). In this landmark decision, the Supreme Court held that a single color can qualify for trademark protection under the Lanham Act if it has acquired secondary meaning … Read more
The U.S. Patent and Trademark Office (USPTO) has announced that it is adjusting existing trademark fees and introducing new trademark fees effective January 18, 2025 and implementing new patent fees and increasing various patent fees effective January 19, 2025. Trademark Fees The fee adjustments set or adjust 28 trademark fees, including the introduction of seven … Read more
Personal Individual Information (PII), also known as “personal data” or “personal information,” is information that identifies, relates to, describes or that is linked or reasonably linkable to an identifiable individual. Certain types of PII are categorized as sensitive information. Sensitive data can usually only be processed with the individual’s explicit consent, unless the data is … Read more
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