McDonalds Accused of Trademark Bullying

The fast food company McDonald’s was recently accused of of being a trademark bully in a complaint filed with the European Union Intellectual Property Office by the founder and CEO of the Supermac fast food chain. The company claims that McDonald’s is bullying its competition by trademarking every word containing either “Mc” or “Mac.” While this case involves a decision by a European court, trademark bullying is also a significant problem in the United States. Each year, there are a number of cases in

What is a Patent Term Extension and How Do I Get One?

For some types of inventions, such as new and nonobvious pharmaceutical compositions, securing a patent from the federal government is only half the battle. In addition to obtaining patent rights, pharmaceuticals and other compositions that might be consumed by humans are required to undergo a review process conducted by the Federal Food and Drug Administration. Patent rights prevent others from making, using, selling or importing the patented invention. But patent rights are only enforceable for a set amount of

4 Common Legal Opinions Concerning Patents

When it comes to obtaining patent protection for a new and nonobvious invention, there is a lot to consider. Obtaining intellectual property rights in the form of a patent often requires a huge investment of time and financial resources. However, the benefits of obtaining patent protection can far outweigh the upfront costs. Since patents are such a valuable assets, but also a costly undertaking, many people who are considering filing for a patent or who have already obtained a

2 Common Types of Patent Infringement

If a competitor is making, using, selling or importing a product that you have patented, you cannot standby andallow the infringement of your intellectual property rights. Unauthorized use or selling of the product by your competitor is a violation of your right to exclude others from making, using or selling your patented invention. In order to put a stop to infringement, you should first send a cease and desist letter that is prepared by a patent lawyer to the

What You Need to Know About Bundled Patent Rights

Bundled Patent Rights Patent rights are one of the most valuable forms of intellectual property because a patent is not just a single right – a patent actually consists of a bundle of rights. The bundle of rights can be broken down or segmented into individual rights or smaller groups of rights, which can be licensed, assigned, sold, or otherwise exploited for financial gains. Savvy patent holders often work closely with experienced patent lawyers to figure out ways to

Managing Our Vices: Understanding the Alcohol Tobacco Tax Trade Bureau

Who’s in Charge of the Beer? In the realm of brewing, the Alcohol and Tobacco Tax Trade Bureau, or TTB, evaluates things at several different stages: Operations approval Formula approval Beer label approval Great American Beer Festival season is upon us and our turns our thoughts to beer. In recent years, discussions of brewing law have often revolved around trademark disputes, which have become increasingly contentious and numerous. But trademark disputes are like the early arrival of pumpkin beers: we need a

Equitable Estoppel Defense and Intellectual Property Infringement

This blog post will be the first of a series dealing with this subject.  In completing my LLC (Master of Laws) in International Business Transactions at the University of Denver Sturm College of Law, I spent the last 4 1/2 months studying the subject of Intellectual Property rights in an International Business Transactions setting. This series of blogs will be about the International Trade Commission’s treatment of four affirmative defenses over the last ten years:  Collateral estoppel, waiver, laches, and acquiesces.  The author’s method

Copyrights, Intellectual Property, and Work Done for Hire

Is Work That Was Created for My Employer Eligible for Copyrights? When you create a work that is normally protected by U.S. copyrights law, you normally assume that protection yourself, as the creator. But this is not always true. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author and owns all of the rights that comes with the copyrights unless the parties have expressly agreed otherwise

Disney Hit With A Copyright Infringement Suit For “Frozen”

How similar is “similar” in a copyright infringement suit? Frozen very quickly captured the hearts of young children and adults all over the world.  It seems that every child, girl or boy knows the words to every song, and because of this, most parents have most likely seen the video at least once. In addition to its popularity, this fan favorite animated movie has meant big business for Disney.  It could be Disney’s biggest film ever grossing $1.22 billion as of May

Understanding Copyright Infringement & YouTube Advertising

Can advertising on Youtube lead to copyright infringement? YouTube, the ubiquitous video-sharing website now owned by Google, has become a launching ground for individuals and businesses seeking to increase their recognition.  Many international businesses have used the site as an inexpensive means of international marketing.  An effective YouTube channel or video can reach potential customers across the globe at a fraction of the cost of traditional advertising.  Red Bull’s YouTube channel is a great example of an effective use of YouTube. However, many