BW INSIGHTS

That’ll Work! Or, Will It? The Tricky Nature of Trademark Specimens of Use!

By Christopher Proskey | 10.30.2024

Anyone can file a trademark whether the mark is being used or not. However, a trademark will only be “Registered” after proof of use is submitted to the USPTO through what is called a “Specimen of Use”. A Specimen of Use is exactly that, an example that is submitted to the USPTO showing how the trademark is actually being used in commerce. Sounds... Read More

DEATH, TAXES & TRADEMARK SCAMS!

By Christopher Proskey | 10.10.2024

As an Intellectual Property Attorney, there are three unavoidable forces in the universe: (1) Death, (2) Taxes, and (3) Trademark Scam Letters. An unfortunate reality today is that at least one Trademark Scam Letter follows virtually every trademark filing. For this reason, we tell all of our clients to be extra vigilant about these Trademark Scam... Read More

It’s Hip To Be Square! But Can You Protect A Square Cheese Curd With IP?

By Christopher Proskey | 07.31.2024

As famously said by Huey Lewis: It’s Hip To Be Square! But that raises the question: Can you protect the shape of a square cheese curd? Let’s find out! There is nothing I enjoy more in my career than finding ways to meaningfully protect what is unique about a brand through the use of creative Intellectual Property (“IP”) strategies. A fun and... Read More

Friend or Foe? Beware of Invention Promotion Companies and Their Many Promises

By Jordan Meggison-Decker | 04.12.2024

If you watch TV, listen to the radio, or read magazines, chances are you have seen advertising for companies offering to help first time inventors take their products to market. Often, these advertising materials promise patent protection, manufacturing assistance, and effective promotion in the relevant market for an invention. In many... Read More

Brand Owners: “Your True Colors Are Beautiful” – And Worthy of Protection! Have You Filed a Color Trademark Yet?

By Christopher Proskey | 02.28.2024

As a child of the 1980s, I’d be remiss if I didn’t kick this blog post off with a nod to the pink-haired Cyndi Lauper (a trademark owner herself), who perhaps said it best in her 1986 hit “True Colors:” “I see your true colors Shining through I see your true colors And that's why I love you So don't be afraid to let them show Your true colors True... Read More

IP Considerations For Crowdfunding of Inventions

By Jonathan B. Soike | 12.14.2023

Crowdfunding is becoming an increasingly popular option for some startups to raise capital for the initial manufacturing run for new inventions. Crowdfunding is a financing method that seeks to solicit money from a large number of individuals online to fund, for example, the production of various products or content, or various charitable causes.... Read More

BrownWinick Included in 2024 Edition of Best Laws Firms Ranked by Best®

By BrownWinick | 11.02.2023

BrownWinick is excited to announce the firm has been included in the Best Law Firms Ranked by Best® 2024 publication. Firms included in the 2024 edition of Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality... Read More

Who Owns the Rights to Content Created by Artificial Intelligence Generators?

By BrownWinick | 09.21.2023

It is an open question as to who owns the rights to content that is at least in part generated by Artificial Intelligence. This could include a Large Language Model (LLM) such as OpenAI’s ChatGPT, Microsoft’s Bing LLM, and Google’s Bard, or could be an AI image generator such as OpenAI’ DALL-E 2 or DeepAI. While there is no easy answer, the bottom... Read More

Influencer Branding - Creators and Company Considerations

By BrownWinick | 08.08.2023

There is no doubt that social media has changed the landscape of how companies market their products. Now, one person can speak to thousands or millions of their followers to promote a specific product. However, influencer marketing has regulations much like its traditional counterpart. Influencers, or otherwise known as content creators, should... Read More

ChatGPT - A Legal Client's Friend or Foe?

By Jordan E. Meggison-Decker & Jill M. Gastineau | 06.12.2023

ChatGPT was released by OpenAI in November of 2022. ChatGPT is a natural language processing tool that is powered by artificial intelligence. Stated another way, ChatGPT is an artificial intelligence chatbot that can interact with users by answering questions; drafting essays, letters, or poems; generating artwork; and more. ChatGPT has been... Read More