Your unique service deserves to be trademarked as much as anything else you’ve worked hard to create. You need to choose a trademark symbol to safeguard your genius, but which is best? One option is a servicemark, (SM — Servicemark Symbol SM sometimes written “service mark” or “service-mark”) which is a trademark that at one time was necessary to identify a trademarked service. With current law however, Read More
Understanding the Scope of Patents
Patents are a great tool for innovators. They serve as a means to protect your hard work and creativity. So, if you’re going to use a tool it’s certainly important to know how it works, right? We hear from clients who don’t truly understand the full scope of patent protection. In general, people assume a patent can only be applied to a specific device or item. They believe the entirety of the object itself will be Read More
Blowing Up Copyright Protection of Pennsylvania Pyrotech Company
Just in time for the 4th of July, a Third Circuit Court of Appeals panel struck down a preliminary injunction that protected a Pennsylvania company, Pyrotechnics Management Inc., from a Romanian competitor, FireTek. Pyrotechnics makes hardware and software used for fireworks displays. Pyrotechnics Management, Inc. vs. XFX Pyrotechnics LLC, FireTek, 3d Cir. No. 21-1695 (June 29, 2022). Pyrotechnics sued in federal Read More
Walmart owes $115M to Startup
In true David v. Goliath fashion, a jury delivered a definitive victory to San Antonio-s Zest® Labs, a food tech startup that invented the trade secret system. The jury found Walmart® acted willfully and maliciously, entitling Zest® to $50 million in punitive (exemplary) damages in addition to the $60 million in compensatory damages and $5 million for breach of contract. The case is an excellent example of the power Read More
Inventorship is for Humans Only
In a fascinating case, a Federal District Judge in Virginia has held that an AI cannot be an inventor and therefore cannot patent its inventions. Last week, Judge Leonie Brinkema ruled the current patent law is “crystal clear” – only humans can be inventors. Any expansion of inventorship beyond individual human beings would require an act of Congress. But surely the human inventor of the AI can claim inventorship of Read More
Use a Trademark Symbol for Your Startup Today
What do they all mean? Do you need them for your business? The team at IP WORKS LAW have broken down the basic facts for trademarks to empower small business owners. This information is especially important for startups to learn how to use trademark symbols and which symbol best suites their business needs. Using the trademark symbol next to your brand name and logo will help you protect your startup and your Read More
Apple Infringed 2012 Patent, Owes $308 Million In Damages
Apple Infringed 2012 Patent, Owes $308 Million In Damages A federal court jury on Friday, March 19, 2021, found that Apple infringed a digital media patent owned by Texas company Personalized Media Communications and must pay $308 million in damages. Catherine Cavella, ESQ. Jury Says Apple Infringed 2012 Patent, Owes $308 Million In Damages – And What This Means For You A federal court jury on Friday, March 19, Read More
Google vs. Oracle- Supreme Court Weighs in on Copyright Fight
The U.S. Supreme Court on Monday delivered the knockout blow for Google, putting an end to the decade-long fight over Google’s copying of Oracle’s Java API, part of the Java SE platform. This ruling is important because 1) It leaves in place a 2014 ruling that the high-level code, structure, sequence and organization of an API are copyrightable subject matter; but also 2) permits software developers to copy this Read More
Peloton Gets $5.5 Million From Bike Design Firm Asserting Invalid Patent – And What This Means for You
A federal judge on Tuesday, March 30, 2021, found that design firm Villency Design Group must pay exercise company Peloton $5.5 million in legal fees and expenses it incurred defending itself in a patent infringement suit asserting an invalid patent. The case is VR Optics LLC v. Peloton Interactive Inc./ Peloton Interactive Inc. v. Villency Design Group LLC, Civil Action No 16-CV-6392 (JPO) (Southern District of New Read More
Copyright & Trademark Quick Study: What You Need to Know for Your Startup
What is the difference between the Trademark Symbol ™ and © – Copyright Symbol? What is the difference between trademark and copyright? Believe it or not, there is a difference between a trademark and a copyright. If you have a unique business, service or startup, you need to know the difference between a trademark and copyright. You will also need TO learn how to use the Copyright Symbol to protect your most import Read More
