BW INSIGHTS

Viral TikTok or Copyright Infringement Lawsuit?

By Jordan Meggison-Decker | 01.25.2022
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?

By Christopher Proskey | 01.10.2022
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

Big Developments In European Patent Protection – The Myth of a European Unitary Patent May Soon Become Reality

By Christopher Proskey | 12.13.2021
Filing patents in Europe has always been challenging, and unsatisfying – if not downright disheartening. That’s because there has been no way to get comprehensive patent coverage across the European Union. In the U.S. you can get one patent that covers all 50 States. No such system exists in Europe. Instead, in Europe to get comprehensive coverage... Read More

What is a Designated DMCA Agent, and Why You Need One

By Jordan Meggison-Decker | 12.09.2021
Under the Digital Millennium Copyright Act (“DMCA”) online service providers may be protected from potential claims of copyright infringement if they designate an agent who is to receive notice of infringement claims for material posted on the service providers website or platform. An online service provider is defined in 17 U.S.C. § 512(k)(1)(A)... Read More

Date of First Use Anywhere

By Jordan Meggison-Decker | 06.21.2021
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

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 More

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... Read More

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,... Read More

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