Business—at least as waged between competitors—is war. That observation was made in 1832 by Prussian General Carl von Clausewitz in his magnum opus, On War, based on his service in the Napoleonic Wars. We see this in the field of intellectual property (IP) rights. What is a patent, if not a competitive advantage, the legal […]
On Tuesday evening, I went to a “shark tank” event at TechNexus in Chicago. Thanks to my friend and colleague Nancy Fallon-Houle, the startup business lawyer, for inviting me. Here’s what I’ve learned about inventions and Shark Tank. If you’d like to know more about how to profit from your inventions, this article is for you.
The President-Elect @realDonaldTrump and his transition team @transition2017 are working on appointments to his new Cabinet. One of the chairs is reserved for the new Secretary of Commerce. Following close on Commerce’s heels will be appointment of a new Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO […]
Little noticed among this week’s flying blue W flags is the notice of allowance of the W trademark for caps and clothing. Yes, just Tuesday, November 1, 2016, the U.S. Patent and Trademark Office agreed to issue the W trademark to the Chicago Cubs for valuable merchandising rights. Before winning the World Series, the Chicago […]
What do the Redskins, The Slants, and the ACLU have in common? Citing the First Amendment, they say free speech trumps the Government’s efforts to ban offensive trademarks. They advocate for the rights of intellectual property owners, specifically trademark rights, for everyone who uses a mark in commerce. Even obnoxious marks. On the opposite side, the Government […]
To conduct a quick, easy, and effective intellectual property (IP) audit, start with the business, not with IP or legal considerations. IP has little value apart from the business. Legal issues have no meaning apart from the business. How does your company make money? Identify key products, revenues, and margins. Relationships. Customers. Key people. Market leadership. Competitors. Vulnerability. […]