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

Is Your Content Being Taken and Reposted Without Your Permission? Here’s How to Effectively Combat Copyright Infringement on Social Media

By Jordan Meggison-Decker | 06.06.2023

It is no secret that copyright infringement is becoming more and more common across all widely used social media platforms. Many online content creators with a significant following have probably experienced their copyrighted material being reposted online without their authorization. Indeed, they may have experienced this unpleasant phenomenon... Read More

Patents vs. Trade Secrets: What You Should Know

By David Breiner | 04.19.2023

A patent can be an excellent way to protect an invention. Machines, processes, compositions of matter, and manufactures can all be protected by a patent. Having a strong patent gives the patent owner a virtual monopoly on his or her invention for 20 years. Patents, however, are not the only way to protect an invention. Depending on the... Read More

What is "Virtual Patent Marking" and Does It Make Sense for Your Business?

By Christopher Proskey | 03.28.2023

Have you ever seen a product with the words “Patented” “Patent No.” Pat. No.” or similar language printed on it? If you have, you have seen an example of patent marking. The purpose of patent marking is to provide notice to the public that the product is patented. A patent owner is not required to mark a product as “Patented.” However, there are... Read More

The Supplemental Register - What is it? How is the Supplemental Register Different than the Principal Register?

By Christopher Proskey | 02.06.2023

Wait! What? There are different kinds of federal trademark registers? The answer is Yes. There are two types of federal trademark registers – The “Principal Register” and the “Supplemental Register.” In this blog I hope to provide some insight on the differences between trademarks registered on the Principal Register and the Supplemental Register.... Read More