About Us

A Small & Mighty Team

Header Images

About Us

PATENT VERDICT AGAINST APPLE -- KEY TAKEAWAYS FOR YOUR BUSINESS

March 24

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. The case is Personalized Media Communications, LLC Apple, Inc., Civil Action No 2:15-CV-1366-JRG (Eastern District of Texas).

The ruling shows that even the most powerful industry leaders must respect others’ patents. It also shows that a well-drafted patent can reach technology decades into the future, technology that was unimagi...

Read More

COPYRIGHT & TRADEMARK QUICK STUDY: WHAT YOU NEED TO KNOW FOR YOUR STARTUP

March 17

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 intell...

Read More

Question of the Day: What is the difference between an LLC and a "dba"?

June 3

Question of the Day:  What is the difference between and LLC and a dba?

Short Answer: An LLC protects your personal assets. A dba does not.

Explanation:  LLC stands for LIMITED LIABILITY COMPANY. If an LLC gets sued and loses, the person suing (the plaintiff) can only collect from the assets of the LLC, they cannot collect from the owner’s personal assets.

Here’s an example: Jane Fisherman opens a bait shop. She signs a 5 year lease for $2,500/mont...

Read More

SHOULD YOU USE A TRADEMARK OR SERVICE MARK FOR YOUR BUSINESS?

June 21

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, you might not want to use the SM and here’s why:

A servicemark is just a trademark for services instea...

Read More

Protect Your Brand: Why Intellectual Property Rights Should be at the Top of Your Business Start-up Checklist.

July 25

Guest Post by attorney Kevin Handy, Esq., founder of SnapDivorce®

When I embarked on starting my most recent business, SnapDivorce® LLC, which provides divorce mediation services,[www.snapdivorce.com] one of the first things I did was turn to IP Works to research the availability of the name “SnapDivorce” and secure exclusive rights to it nationwide. I did this before making any other significant investment in the name, including incorporating...

Read More

4 Steps to Protect Your Trademarks

January 5

Clients often ask us: What is involved in registering a trademark? We are happy to define and simplify the process for you – there are four basic steps:

1. Trademark Clearance

What is a trademark clearance? This is a critical first step in the registration process where a trained trademark professional researches and analyzes your proposed trademark to determine how available the mark is for use and registration. The benefit is obvious – proper clearance of your proposed trademark prevents you from investing time and resour...

Read More

IP Procurement Is Not An Expense

January 4

Procurement of your patents, trademarks and copyrights is an investment in growing your company’s assets.

Thinking about intellectual property procurement including patents, trademarks and copyrights as an expense leads to bad decisions with irreversible negative consequences. Good CFOs and CEOs often look for ways to trim expenses without harming the company. When buying janitorial services, materials or office supplies, for example, it may make sense to go with a cheaper vendor, particularly if what you’re buying is not critical...

Read More

U.S. Supreme Court Weighs In On Software Copyright Fight

April 8

End Of The Road For Oracle – Google’s Use Of Java API Was Fair Use As A Matter Of Law

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 copyrighte...

Read More

AI-Created Inventions Are Not Patentable, Says Judge

April 15

Non-Human Inventorship

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 his creation’s creations, right? Nope. The human inventor cannot claim ...

Read More

Peloton Gets $5.5 Million From Bike Design Firm Asserting Invalid Patent -- And What This Means For You

April 1

Peloton got sued for patent infringement by the design firm they hired to design their product. But they got the last laugh — and $5.5 million. What you can learn from Peloton’s successful patent infringement defense.

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 ...

Read More