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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; […]

Act now to ensure your company’s sensitive information never gets compromised.

By Kurt Leyendecker

In the world of intellectual property law, trade secrets have always been the issue that gets stacked behind patents, copyrights and trademarks. Transactional intellectual property lawyers don’t know quite what to make of trade secrets or, perhaps more precisely, don’t know how to […]

Consider the case of PepsiCo and #GetNaked

By Peter Lemire

I recently read an article regarding the rise in trademark filings for hashtags. According to the article, 1,398 were filed worldwide last year; the figure for the U.S. was around 500 — a drop in the bucket among millions of trademarks filed worldwide every year.

However, the increase […]

Nobody expects it — until it’s too late

By Kurt Leyendecker

“Nobody expects the Spanish Inquisition!” If you’re old enough, this phrase invokes a classic Monty Python skit starring a trio of bumbling 15th century cardinals who burst onto the scene. Perhaps you’re wondering why the Spanish Inquisition is making an appearance in a column about intellectual […]

Well, it’s kinda like removing your own appendix

By Kurt Leyendecker

We often receive inquiries at our firm from people wondering whether they can prepare and file either a trademark application or patent application themselves without an attorney. Of course, for purely selfish reasons as an attorney, I am not thrilled about losing potential revenue, but […]