The concept of trademark priority can be crucial in trademark disputes, litigation, or in Trademark Trial and Appeal Board oppositions or cancellation proceedings. Understanding priority rights when the trademark was originally based on a foreign application/registration can be tricky and important when determining your most advantageous foreign trademark filing strategy. Further, there is more than…

Can Foreign Copyright Holders Rely on Their Foreign Registrations in the U.S.? The protection of intellectual property across borders is a critical concern for creators and businesses alike. For foreign copyright holders, understanding whether their works are protected in the U.S. based on foreign registrations is essential. So can foreign copyright holders rely solely on…

USPTO Data Leak

Determining who qualifies as an inventor for the purposes of a patent application is a pivotal question with far-reaching implications. According to the United States Patent and Trademark Office (USPTO), an inventor is defined as the individual or group of individuals contributing to the conception of the invention outlined in a patent application. This definition…

Trademark squatting is an old problem. However, as new products enter the market, this old problem finds new forms of expression.  Recently, trademark squatting on cannabis-related brands has accelerated, particularly in brands that work with suppliers or sell items in China.  What is Trademark Squatting? Trademark squatting occurs when one party registers a trademark while…

In the fast-paced world of innovation, every moment counts. For inventors and businesses seeking to protect their unique designs, time is of the essence. What can one do, though, if the patent process threatens to drag on for months? Enter Rocket Docket, a program that aims to expedite examination for design patent applications. The United…

If you’re like millions of Californians, you work. And, if you’re like millions of Californians, you have interests and projects that overlap with your work. You may be inventing new processes or products in your field of expertise. You may spend your free time on writing, music, artwork, or other forms of expression. Or you…

It’s been a few years now since California legalized recreational possession of marijuana. However, despite the fact that it’s been more than a decade since recreational users could “light up,” intellectual property laws surrounding cannabis have been slow to follow. Notwithstanding the uncertainty of the legal landscape surrounding cannabis IP, there appears to be another…

The digital age has ushered in many technological advancements, radically transforming industries and societal norms. As a result, patent law, a guardian of innovation and intellectual property, faces unprecedented challenges and opportunities. Traditional patent law principles, established in an era when inventions were tangible and often mechanical, are now being tested by the intangible, rapidly…