BW INSIGHTS

Bankrupt with Bygone Rights: Supreme Court Tackles Tough Trademark Issue

By Jordan Meggison-Decker | 08.22.2019

Article written by BrownWinick 2019 Summer Associate, Mackensie Graham, and BrownWinick attorney, Jordan Meggison-Decker In a recent Supreme Court case that bridged the areas of law between intellectual property, contracts, and bankruptcy, trademark licensees came away with a win. To best understand the May 2019 decision in Mission Product... Read More

Principal Trademark Registration vs. Supplemental Trademark Registration

By BrownWinick | 11.08.2018

Prosecuting a trademark at the United States Patent & Trademark Office (USPTO) is one of the most strict administrative proceedings in the world. The USPTO is very active in examining applications and is constantly policing the trademark registers. Yes, that says registers, as in plural. There is actually more than one register available to those... Read More

How to Raise Money for Your Business - Part 2: Micro-Loans

By BrownWinick | 09.19.2018

Getting a business started is like approaching a massive steel wheel. There are no axels, no motors, just you, an idea and the wheel. The wheel is stationary. Like Atlas, you shoulder the wheel and start to press with all your strength. The wheel budges a little. The more effort you put in, the more the wheel moves. The goal is to have the wheel... Read More

How to Raise Money for Your Business - Part 1: Grants & Programs

By BrownWinick | 08.20.2018

Quick’s Design & Construction is what I called my failed business. My 20-year-old self started a construction business with the goal of paying my rent while completing my engineering degree. I was young and energetic with 6 years of industry experience. What could go wrong? Three years later I was selling my tools, trailer, and other acquired... Read More

Protect Your Brand Like Ivanka Trump

By BrownWinick | 06.08.2018

Ivana “Ivanka” Trump is not only an American businesswoman. She also holds the titles of fashion designer, author, and reality television personality. And, based on recent activity at the trademark office, Ms. Trump is both smart and savvy when it comes to protecting her brand and actively registering trademarks. In fact, Ms. Trump has recently... Read More

Amazon Brand Registry Program

By BrownWinick | 05.30.2018

If you sell on Amazon or want to sell on Amazon, you should take advantage of Amazon’s revised Brand Registry program. The Brand Registry program is a powerful tool to keep others from listing items on Amazon using your brand. The Amazon Brand Registry program is currently free for all Amazon sellers and provides another mechanism for protecting... Read More

Go Ahead and Challenge That Patent....Anyone!

By BrownWinick | 05.03.2018

Post grant proceedings survive the gavel of the Supreme Court. On April 24, 2018, the Supreme Court issued two decisions upholding the validity of post grant proceedings (“PGPs”). A PGP is a trial proceeding conducted at the Patent Trial and Appeal Board (“PTAB”) to review the patentability of one or more claims in a patent. PGPs allow a third... Read More

Beware of the Copyright Troll!!!

By David Breiner | 04.20.2018

For the last five years many people have received letters alleging they infringed another party’s copyrights. The story for these people is almost always the same. They found an image they liked on the internet, noticed it wasn’t marked with a copyright notice, assumed it was free to use, and copied the image. What they didn’t know is that almost... Read More

Tight Limits on Where Patent Lawsuits May Be Filed

By Michael Dee | 06.01.2017

On May 22, 2017, the United States Supreme Court unanimously, and drastically, limited the rules for where patent infringement lawsuits may be filed. In TC Heartland, LLC v. Kraft Foods Group Brands, LLC, the Supreme Court held that the patent venue statute, 28 U.S.C. §1400(b), allows a patent infringement lawsuit to be brought only in the... Read More

Every Business Needs to Actively Manage Its Intellectual Property

By Jordan Meggison-Decker | 03.24.2017

You and your neighbor have been tinkering in your garage for weeks and you are ecstatic that you have finally developed a new product…a hair dryer. You know you want to develop a business around your hair dryer idea, but what is the next step? One of the first steps to consider is protecting your business’ intellectual property. You may be... Read More