Category Archives: Blog

  • Legal Issues for Tech Startups: Terms of Service and EULAs

    Most technology startup product development operations inevitably involve development and publishing of a website and mobile application, and almost instinctually, entrepreneurs, mobile application developers, or inventors, consider how to address legal issues in creating reliable Terms of Use, Terms and Conditions, or other legal disclaimers and disclosures for their digital products and platforms. In some cases, the website or […]

  • Dates of First Use Trademark Filing Strategy For Technology Startups

    During the federal trademark registration process in the United States Patent and Trademark Office (USPTO), entrepreneurs and technology startups inevitably come across the issue of identifying their bona fide date of first use and date of first use in commerce on the federal trademark record. In the racehorse setting of trademark law, the first to […]

  • Trademark Registration on Principal Register v. Supplemental Register

    Basis for Filing During Federal Trademark Registration Process, whether an application is filed as an intent-to-use or use-in-commerce basis, an option may arise to move the application on to the Supplemental Register as opposed to the preferred Principal Register. What is the Supplemental Register? The Supplemental Register is reserved for certain marks that are not initially eligible for […]

  • Doctor Alert: Legal Due Diligence When Using mHealth Devices

    Protecting Patients and Data When Using mHealth Products and Services “mHealth” generally refers mobile health and includes the practice of medicine or communications involving medical data via mobile devices. California Healthcare entities such as private practices, hospitals, health plans, pharmacies, or medical spas, must consider Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for […]

  • Statement of Use in Trademark Applications

    Trademark Protection Best Practices For Tech Startups What is a SOU and What Now!? Standard USPTO explanation when a Statement Of Use is issued: Intent to Use (ITU) Applicants of Federal Trademark Applications are required to file a Statement of Use before the application matures to registration. In other words, applicants must show bona fide use of the mark […]

  • Notice Of Allowance in Federal Trademark Registration

    Trademark Protection Best Practices For Tech Startups Intent-to-Use Applications The Federal Trademark Intent To Use (ITU) filing system in the United States Patent and Trademark Office (USPTO) is designed to give trademark Applicant’s constructive priority rights in a mark, logo or slogan, but also forces Applicants to show bona fide use of the mark in commerce within […]

  • Consumer Protection Laws Reach Crowdfunding Projects

    Crowdfunding is a federal affair Donation based crowdfunding is the practice of capitalizing a passion project or a commercial venture by raising funds from numerous people (the “crowd”). This is often done through dedicated websites or applications such as Kickstarter, Indiegogo, GoFundMe, and hundreds more. The Federal Trade Commission (FTC) has extended its regulatory power […]

  • Why You Should Register Your Federal Trademark

    Federal registration with the United States Patent and Trademark Office (USPTO) or any state trademark office is NOT required to vest trademark rights. Actual use of the mark has always been the touchstone of trademark rights. However, there are significant advantages to federal trademark registration on the USPTO principal or supplemental registry. Because the use in commerce […]

  • How Copyrights and Trademark Registration Apply to Technology Startups

        We’ve discussed the essence of copyrights and trademark protection in previous posts (Copyrights vs. Trademarks Part One and Part Two). But entrepreneurs aren’t looking for a 101 in intellectual property protection law, they are concerned with goals such as protection of unique attributes of their business, and protection of market position. The key […]

  • Taylor Swift’s Trademark Protection Strategy

    Taylor Swift made headlines in January when her lawyers filed trademark applications for phrases that appear in her song lyrics. The public reaction has been mixed. Some have praised her business strategy and the fact that she is controlling aspects of her intellectual property assets. Others see it as an overreach that infringes on free […]

  • Confidentiality Concerns When Interviewing Attorneys For Your Technology Startup

    As an entrepreneur and business owner, you may be concerned about disclosing confidential information to an attorney during the initial consultation, before the attorney is retained. Entrepreneurs intuitively know to protect their idea but many do not know when attorney-client privilege and duties of confidentiality trigger. Information disclosed before an attorney is hired is confidential, and […]

  • NFL’s Trademark Protection Strategy for Super Bowl®: a Case of Brand Vigilance on Steroids

    Among the NFL’s portfolio of famous brands used to promote football games, its teams, and enough licensed merchandise to furnish a house, U.S. Trademark Registration No. 0882283 for SUPER BOWL® stands tall above all. Original filing date 1969. NFL’s trademark protection strategy for SUPER BOWL® illustrates the balance between necessary vigilance and fair use of one the world’s most famous […]