A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the
IP Brief
IP Brief, published by Dickinson Wright, focuses on developments and issues in intellectual property law, including patents, trademarks, copyrights, and related enforcement matters. The blog covers topics such as legislative changes affecting artists' resale rights, updates on USPTO procedures and pilot programs, patent validity and inter partes review rules, trademark protection strategies on e-commerce platforms like Amazon, and the impact of USPTO fee adjustments on patent filing and prosecution strategies. It addresses both procedural and substantive aspects of IP law, providing insights relevant to practitioners, rights holders, and stakeholders involved in IP portfolio management and enforcement.
Latest from IP Brief - Page 4
The Effect on Trade Secret Protection by the Federal Trade Commission’s Proposed Ban on Non-Compete Agreements
By Andrea Arndt
On January 5, 2023, the Federal Trade Commission (FTC) proposed a ban on non-compete agreements between an employer and its workers as an unfair method of competition. The FTC’s proposed ban is intended to promote competition and innovation by providing…
Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard Profits
By Yuri Chumak
The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases.
In Nova Chemicals Corp v Dow Chemical Co, 2022 SCC 43 (“Nova”), the Supreme Court…
New USPTO Fee Schedule Reduces Costs for PCT Patent Filings and Small and Micro Entities
By Andrea Arndt
The enactment of the Consolidated Appropriations Act, 2023 includes the Unleashing American Innovators Act of 2022 (UAIA), directed toward increasing innovation of small businesses and inventors in America. Congress is using the UAIA to reduce barriers to patent system entry,…
PROTECTING INTELLECTUAL PROPERTY THROUGHOUT THE MANUFACTURING PROCESS
By Andrea Arndt
Many companies, including U.S. companies, find manufacturing abroad attractive because of its affordable costs, capacity, and distribution networks. Typically discussions or negotiations with a foreign manufacturer will concern the type of product to be produced, which often involves providing the…
The Who, What, Why, and How of NFTs, the Metaverse, and IP
By John Krieger
Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the basics of blockchain…
Freedom to Operate Opinions: What Are They, and Why Are They Important?
By Andrea Arndt
What is a freedom to operate opinion, and why is it important?
A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used,…
Trademark Modernization Act—What New and Upcoming Changes Could Mean for Your Trademarks
The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to the prosecution of trademark applications before the…
Proposed Changes to the Canadian Patent Rules
The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules. These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics.
As of this writing, the date the proposed…
Canadian Trademarks
Good News!
In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol.
When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant…