BW INSIGHTS

Don't Be in the Wrong: How to Avoid Copyright Infringement

If you have ever been on either the sending or receiving end of a Cease-and-Desist Letter or a Copyright Infringement Notice, you know that it is not a pleasant feeling in either instance. Copyright issues pop up every day in our Internet driven lives and knowing the copyright basics can ensure that you stay on the right side of the law when... Read More

Let Me Emphasize the IP in IPA: Intellectual Property & Craft Brewing

There has never been a better time than now for craft brewers to protect their intellectual property. The craft brewing industry is bigger than ever and growing every single day. In 2021, the craft beer retail market was 13% of the entire retail market for beer, cracking $26 billion in total sales. This represented an 8% growth over 2020. In 2021,... Read More

Why Should You Obtain a Federal Registration for Your Trademark?

There are many benefits to registering your trademark with the United States Patent and Trademark Office (USPTO). Choosing to obtain a federal trademark registration first and foremost means that you have the right to bring a lawsuit in federal court concerning the use of your trademark. Similar to the right to file a lawsuit is the fact that a... Read More

Is an NFT Intellectual Property?

The terms “NFT”, “bitcoin”, “blockchain”, and “cryptocurrency” have exploded in the last few years. From brands using NFTs as promotional opportunities to creators using NFTs to monetize their content, these terms are rampant. Although they can be confusing, each term has a specific meaning which indicates how it works and how it can affect... Read More

USPTO Terminates Global Patent Prosecution Highway with the Russian Federal Service for Intellectual Property (Rospatent)

What is the GPPH? The Global Patent Prosecution Highway (GPPH) is an examination regime that enables expedited patent protection in foreign countries.  Under the GPPH, participating patent offices have agreed that when an applicant receives a final ruling from a first patent office that at least one claim is allowed, the applicant may request fast... Read More

Viral TikTok or Copyright Infringement Lawsuit?

Since 2016, TikTok has grown to be a popular platform for viral content creation. TikTok allows short-form video posts and encourages users to engage with the videos. The software then attempts to personalize each user’s experience by showing them videos like those they have enjoyed in the past. Part of what makes each short-form video interesting... Read More

Trademark Symbols – “®” “TM” “SM” – What Do They Mean and When Should I Use Them?

I’m often asked the question “What do the Trademark Symbols – “®” “TM” “SM” – mean, and when should I use them?” Only One Rule: There is only one rule that you have to follow when it comes to the use of trademark symbols, and that is: You cannot use the “®” symbol unless and until the trademark is officially registered by the United States Patent... Read More

Date of First Use Anywhere

  There are two dates that must be specified in every trademark/service mark application. They are, the date of first use anywhere and the date of first use in commerce. TMEP 903.03. The date of first use anywhere will always be earlier than or the same as the date of first use in commerce. Id. The date of first use anywhere is the date when goods... Read More

Trademark Consent and Coexistence Agreements

  Usually, an entity registers their trademark to prevent consumer confusion and/or unpermitted use of their valuable branding. However, due to the sheer volume of new businesses annually and their tendency for rapid growth, it is not uncommon for two or more companies to use extremely similar marks without knowledge of the others’ existence. Most... Read More