Unlike a patent, registered copyright, or registered trademark, all of which are the result of a formal grant by a government agency such as the United States Patent & Trademark Office, a trade secret has no such formal governmental recognition.  Instead, the trade secret owner must take proactive steps to both establish and protect its […] The post A Trade Secret Is a Trade Secret…. Until It’s Not appeared first on Troy & Schwartz Attorneys-At-Law ..read more

Background & Current Issues.  Trade secrets have historically been an outlier in the area of intellectual property (IP) law because they have not been viewed as “real” IP.  Today they are being increasingly viewed as valuable IP assets.  Indeed Gene Quinn, one of the most influential IP thought leaders in the U.S., has predicted that […] The post BOOSTING ENTERPRISE VALUE THROUGH TRADE SECRETS appeared first on Troy & Schwartz Attorneys-At-Law ..read more

This blog, part 1 of a 2-part series on the cancellation of federally registered trademarks, focuses on the cancellation of registered trademarks by operation of law.  The maintenance of federally registered trademarks should be part of a strategic planning approach for protecting and enhancing the value of intellectual property rights obtained through hard work, a […] The post GOTTA A REGISTERED TRADEMARK? DON’T LOSE IT BY FORGETTING TO MAINTAIN/RENEW IT! appeared first on Troy & Schwartz Attorneys-At-Law ..read more

The blog provides a detailed analysis of the U.S. Supreme Court’s June 29, 2023 decision in Abitron Austria v. Hetronic International, a case which involves international trademark rights.   Justice Sotomayer’s concurrence, reading more like a dissent, is, in this commentator’s opinion, the correct legal application of the Lanham Act. Quick Overview of Abitron’s Take Home […] The post INTERNATIONAL TRADEMARK REGISTRATION STRATEGY AFTER SCOTUS’S DECISION IN ABITRON AUSTRIA v. HETRONIC INTERNATIONAL appeared first on Troy & Schwartz Attorneys-At-Law ..read more

Introduction Intellectual property assets (patents, copyrights, trade secrets, and trademarks can be sold, assigned, or licensed by the IP’s owner.   For companies, IP ownership issues may arise where steps are not taken to ensure that any IP created by or developed by an employee or independent contractor will be long to the company.   Such issues […] The post Are You Sure Your Company Owns Its Intellectual Property? appeared first on Troy & Schwartz Attorneys-At-Law ..read more

Opinion Background & Discussion – In re Dare Foods, Inc. Trademark blogs often focus on detailing decisions by the Trademark Trial & Appeal Board (“TTAB”) and the courts over whether a mark should be approved for registration or not based on the likelihood confusion with an existing registered mark.  However, trademark law provides a mechanism […] The post CAN LEGALLY IDENTICAL REGISTERED TRADEMARKS CO-EXIST ON THE USPTO’S PRINCIPAL REGISTER FOR TRADEMARKS? appeared first on Troy & Schwartz Attorneys-At-Law ..read more

This September 2021 decision addresses complex aspects of Copyright Law involving both copyright ownership issues and termination rights wherein the Creator of a work can reclaim rights in an originally assigned copyright 35-40 years after the work’s assignment.  The commentator has previously posted blogs discussing the importance of properly categorizing the work’s Creator as a […] The post THE SECOND CIRCUIT’S RECENT DECISION IN HORROR, INC. v. MILLER – FRIDAY THE 13TH 40 YEARS LATER appeared first on Troy & Schwartz Attorneys-At-Law ..read more

On April 5th, a federal judge in the U.S. District Court of Virginia heard summary judgment arguments on this very issue in Thaler v. Iancu.  Thaler brought this action to challenge the current legal definition of inventorship of patent applications after the United States Patent & Trademark Office had rejected two of his patent applications […] The post The Next Frontier in Patent Law – Can Artificial Intelligence Qualify as an Inventor? appeared first on Troy & Schwartz Attorneys-At-Law ..read more

In MidlevelU, Inc. v. ACI Information Group, Case No. 20-10856 (11th Cir. Mar. 3, 2021) (Pryor, J.), the Eleventh Circuit Court of Appeals addressed copyright infringement issues involving Internet technology.  The case originated in the Southern District Court of South Florida, a court which is likely to increasingly be the venue for “high tech” intellectual […] The post COPYRIGHT INFRINGEMENT OF CONTENT EMANATING FROM INTERNET RSS FEEDS appeared first on Troy & Schwartz Attorneys-At-Law ..read more

These days, Non-Disclosure Agreement (NDA) templates are readily available on-line, often free-of-charge, making them an attractive alternative for many.  The problem with these templates is they are not necessarily applicable to the contracting parties’ unique circumstances and/or do not properly anticipate dealings between the parties. A poorly drafted, one-size-fits-all NDA can make or break a […] The post NON- DISCLOSURE AGREEMENT WORDING:  THE POTENTIAL TO IMPACT THE OUTCOME OF A PATENT-INFRINGEMENT LAW SUIT appeared first on Troy & Schwartz Attorneys-At-Law ..read more