On January 25, 2022, the U.S. Patent and Trademark Office (USPTO) concluded that low-cost trademark filing companies, ABTACH Ltd., 360 Digital Marketing LLC, and Retrocube LLC (collectively, the “Respondents”) were engaged in...more
Once a trademark registration has been issued, trademark owners should be on the lookout for the inevitable “Renew Your Trademark” scam letters. Here, to assist trademark owners avoid these scams, we provide a breakdown of an...more
Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Unfortunately, it is happening...more
If you have a business, then you have probably already registered your brand(s) under one or more top-level domain names, such as .com, .net, .org, .edu, .co, .info, or .biz. You may have also registered one or more of your...more
From initial formation through the sale of a business, Chambliss Startup Group is a trusted business partner for all stages of a startup's journey. From the complex situations to the fundamental questions – we are here for it...more
On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill which includes the Trademark Modernization Act of 2020 (TMA). The TMA, which will become effective in one year,...more
On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill. This bill incorporates the Copyright Alternative in Small-Claims Enforcement (CASE) Act, which establishes the Copyright...more
A patent owner may recover monetary damages for up to six years of retroactive patent infringement. However, subject to certain exceptions described below, damages do not begin to accrue until the alleged infringer has been...more
In general, the maximum term of protection for an invention in the U.S. under a utility patent is 20 years less than the period of patent pendency. This term begins to run on the day the patent issues and ends 20 years after...more
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) previously provided two extensions of time to file certain trademark-related...more
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) previously provided two extensions of time to file certain patent-related documents...more
Have you invented a product or process for preventing or treating the novel coronavirus commonly known as COVID-19? If you have, and you qualify as a small or micro entity, then you may be entitled to a “fast track”...more
The COVID-19 pandemic may have had an adverse impact on your brick-and-mortar retail sales, but hopefully has resulted in an uptick in your online retail sales. And when it comes to online retail sales, Amazon is the river,...more
Any person may challenge the validity of a U.S. patent on the basis that previously issued patents or publications render the patent’s claims invalid as being anticipated by the prior art or obvious in view of the prior art,...more
4/29/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
No Willfulness Requirement for Lost Profits Award -
If you are a business owner and have federally-registered your trademark (an important step that the Chambliss Intellectual Property section regularly advises our...more
4/29/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
As our Intellectual Property (IP) Group frequently says, if you are doing business in commerce, then you probably have valuable IP, whether you know it or not. And if you have valuable IP, you should be taking affirmative...more
With the emergence of the novel coronavirus pandemic, U.S. Sen. Ben Sasse (R-Nebraska) has proposed the Facilitating Innovation to Fight Coronavirus Act in an effort to combat the continued spread of the highly-communicable...more
Out of necessity during the COVID-19 pandemic and related “stay-in-place” orders, many businesses have transitioned their workforce to work-from-home or similar remote working arrangements. The working world is making...more
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the time to file certain trademark-related documents and to pay certain...more
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the time to file certain patent-related documents and pay certain fees...more