28 Jun’20

Romag v. Fossil: Resolving a Circuit Split on Willfulness and Profit Awards for Trademark Infringement

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In the midst of the COVID pandemic, the Supreme Court resolved an issue that was split evenly between the circuit courts. The issue before the Court was whether the Lanham Act, which is the federal statute governing trademarks, required a plaintiff to prove that the defendant had willfully infringed their trademark before the plaintiff could […]

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21 Feb’19

The “Secret Formula” for Choosing a Brand Name

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Unarguably, one of the most important branding decisions to be made by an entrepreneur is the name of the venture. Some of the world’s most iconic brands not only have catchy names, but also names with a great story behind them. These stories often offer a glimpse at the company’s history, whether or not the […]

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29 Jan’19

Helsinn v. Teva Decision: Secret Sales Qualify as Prior Art under the AIA

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The Supreme Court issued its decision on Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc. on January 22, 2019, upholding and applying the pre-AIA on-sale precedent to post-AIA matters. This holding establishes that a sale or offer to sell, including secret sales and sales that do not publicly disclose the details of the invention, […]

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22 Jan’19

If the Shoe Fits: The Case for Endorsements as a Branding Tool

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Endorsements have long been a strategy for brand managers to help boost brand equity and product sales. Historically, high profile endorsements have primarily been reserved for the world’s largest companies – those with deep pockets. In today’s world of social media influencers, however, the strategy is far more available even to the smallest startups. And […]

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