Under U.S. Copyright laws, group registrations are allowed for certain types of creative works, including a registration for an automated database compilation as a whole, and a group registration for a group of updates or revisions to an automated database over a three-month period in a single calendar year (see, e.g., Compendium of U.S. Copyright […]
This is a reminder that many private companies, with no affiliation to the United States Patent and Trademark Office (USPTO), attempt to get trademark owners to pay for “publication” of their trademarks on private databases of for the preparing of trademark responses. The USPTO goes in depth discussing this issue: USPTO Cautions About Misleading Notices. […]
Seth Nehrbass, Patent Attorney, appeared on television again, this time discussing the NFL fleur-de-lis kerfuffle involving Defend New Orleans. https://www.fox8live.com/2023/07/22/one-company-fights-another-adjusts-after-nfl-cease-desist-letters/ Seth M. Nehrbass, Patent Attorney, New Orleans, SNehrbass@patents.gs, (504) 835-2000, ext. 105.
GARVEY, SMITH & NEHRBASS, PATENT ATTORNEYS, L.L.C. is pleased to announce that Vanessa M. D’Souza and Julia M. FitzPatrick have become equity partners in the firm. Our firm is the largest boutique patent law firm in Louisiana with our practice areas focusing solely on intellectual property matters, including patents, trademarks and copyrights, with all seven […]
+ Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. One change under the Trademark Modernization Act provides a new deadline period for responding to Office Actions in trademark applications. The prior deadline requirement of six months is now shortened to three (3) months with an option to […]
+Any products marketed under a US patent should be marked with “U.S. Patent” followed by the patent number, and (preferably) /or with the following: “Patented and/or Patent Pending. website name/patents.” The phrase “website name/patents” can be replaced with a page on the patent owner’s website which contains a listing of the published patent applications and/or […]
Everyone is talking about AI (artificial intelligence). Programs such as ChatGPT (to create text), https://openai.com/blog/chatgpt, and Artiphoria AI (to create images), https://www.artiphoria.ai/, are readily available. There are many others available. See, for example, https://www.pcguide.com/apps/chat-gpt-alternative/, for both free programs and paid versions. However, there are things to keep in mind when using these programs. First, just […]
On 30 May 2023, Jennifer A. Abruzzo, General Counsel of the NLRB, issued MEMORANDUM GC 23-08. In the 6-page memo, she states in part: In workplaces across America, many employers are requiring their employees to sign non-compete agreements to obtain or keep their jobs, or as part of severance agreements. Generally speaking, non-compete agreements between […]
Make sure to file your trademark with the correct owner listed or any subsequent registration MIGHT be void ab intio. In Phat Scooters, Inc. v. Fatbear Scooters, LLC et al., Cancellation No. 92078878, April 21, 2023, the Trademark Trial and Appeal Board addressed whether a trademark registration was void ab initio due to the fact […]