Trademark Consent and Coexistence Agreements

By: Jordan Meggison-Decker | 08.24.2020

  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…

USPTO Announces COVID-19 Prioritized Examination Program for Certain Trademark/Service Mark Applications

By: David Breiner | 06.16.2020

  The United States Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and/or service mark applications.  To qualify, the applications must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 or a medical Read…

The United States Patent and Trademark Office Announced a New COVID-19 Prioritized Examination Pilot Program

By: David Breiner | 05.13.2020

  The United States Patent and Trademark Office (USPTO) announced a new COVID-19 Prioritized Examination Pilot Program.  Under this new pilot program, the USPTO will grant requests for prioritized examination to patent applicants that qualify for small or micro entity status without payment of the typical fees associated with other prioritized examination. In addition, the USPTO Read…

Who Owns the Intellectual Property Rights Associated with Hydroxychloroquine?

By: Jordan Meggison-Decker | 04.20.2020

  As efforts to discover new treatments for COVID-19 continue, attention has been brought upon an old drug, hydroxychloroquine.  The renewed attention follows several statements by the Federal Drug Administration (“FDA”) and issuance of an Emergency Use Authorization for use of hydroxychloroquine from the national stockpile for treatment of COVID-19. Hydroxychloroquine is a “modern” synthetic Read…

Protecting Trade Secrets During a Pandemic

By: Jordan Meggison-Decker | 03.30.2020

  In response to the COVID-19 pandemic, many employers have been forced to require employees to work remotely.  Requiring large numbers of people to work from home helps limit the spread of the virus and enables business to continue.  However, employees working remotely can pose challenges to a company’s valuable trade secrets.  Trade secrets can Read…

COVID-19 Will Spawn a Slew of New Patent Filings

By: David Breiner | 03.26.2020

  Currently, we are inundated with information about COVID-19, which is short for coronavirus disease 2019. Coronaviruses are relatively large spherical viruses having projections extending from their outer surface. Once attached to a host cell, the host cell cleaves, allowing the genetic material of the virus to enter the host cell. Once inside, the genetic Read…

Granting of Waivers by The United States Patent and Trademark Office for Abandoned or Canceled Patent and Trademark Applications

By: David Breiner |

  The United States Patent and Trademark Office (USPTO) considers the effects of the Coronavirus outbreak to be an “extraordinary situation.” As such, the USPTO has taken steps to reduce certain costs associated with reviving cancelled or abandoned patent and trademark applications. Filing responses and paying fees associated with patent applications often come with hard Read…

Slashing Costs? Don’t Let The Abandonment Of Your IP Portfolio Be “A Permanent Reminder Of A Temporary Feeling.”

By: Christopher Proskey | 03.25.2020

  Economic crisis, Jimmy Buffett and IP portfolios, here we go. I’ve spent the last two weeks talking with clients, colleagues and friends all over the world trying to wrap my head around the current situation we’re in as a result of the COVID-19 pandemic. These conversations have confirmed the entire world is doing what Read…

Claiming Color as Part of a Trademark

By: David Breiner | 09.19.2019

A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), and/or phrase. Trademark protection comes from using a trademark in commerce. However, trademark protection may be enhanced by filing the trademark with the United States Patent and Trademark Office (USPTO).  A typical Read…

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 Holdings, Inc. v. Tempnology, LLC, let’s start with Read…