Blog

How can you be proactive when founding a new company or branding a new product to avoid trademark infringement disputes

By Kurt Leyendecker

Recently, the management at Colorado’s own SmashBurger decided to name its new burger the Triple Double, ostensibly because the burger has three slices of cheese and two beef patties. It could also be a […]

It is important to identify potential intellectual property protection early on

By Peter Lemire

One thing is for certain in the intellectual property world – no one likes the feeling that someone has stolen something. For business owners, not every similarity or perceived “theft” of an idea or concept is actionable under the law. This is especially […]

What, aside from words and logos, can be trademarked?

By Kurt Leyendecker

Gene Simmons (of the rock band, “Kiss,” fame) recently filed a trademark application for the registration of a variation of the “devil horns” hand gesture, and it has caused some uproar in the music community among fans and fellow metal musicians. Can Gene Simmons trademark […]

Employ smart shopping tactics to the patent acquisition process

By Kurt Leyendecker

Every three to 10 years, the average consumer embarks on the process of buying a shiny new (or new-used) car. There are many decisions to be made as to the type of vehicle, amenities desired or considered essential; and the buyer’s budget. Considering price alone, […]

Why a cheerleader’s uniform had the power to change the law of the land

By Peter Lemire

Anyone who works in the fashion or the arts is likely aware of the difficulty of protecting your designs, with the constant battle with knock-offs and copycat products. While brand names and distinctive elements can be protected under trademark law, […]

Cool discoveries and inventions can result from science fair projects

By Kurt Leyendecker

Invention often results from someone doing what the conventional wisdom of those “in the know” understand as being impossible or improbable. Just as knowledge and experience can provide the insight for advancement, it can also hinder advancement, causing avenues of study and experimentation to […]

The Digital Millennium Copyright Act offers a safe harbor for service providers

By Peter Lemire

These days most websites and other online service providers accept and host some sort of third-party content. The hosting and display of user-generated content can potentially subject the website or service provider to liability for its users’ online copyright infringement.

Seeing that this […]

When it comes to software, it’s as clear as mud

By Kurt Leyendecker

One of the most common questions I get when meeting with new clients is whether their invention is patentable.

To be patentable, an invention must satisfy three basic criteria: it must be the proper subject matter; it must be new; and it must not be […]

Politics takes issues around phrases and sound bites to a new level

By Peter Lemire

In our internet and meme-driven world, there always seem to be issues surrounding the ownership and protection of sound bites/short phrases/and or slogans. Election years take these issues to a whole different level.

Political speech makes a nice illustration of the sometimes rocky […]

A patent could offer protection from poachers, but is it worth it?

By Kurt Leyendecker

Prospective clients routinely ask whether getting a patent makes sense given that she would not likely be able to afford the cost of the lawsuit necessary to enforce the patent and stop an infringer.

The truth is that patent infringement litigation is expensive; […]