Author Archives: John DiGiacomo

When a person or business applies with the US Patent & Trademark Office (“USPTO”) to register a trademark, one requirement is that the applicant supply “specimens of use.” Use of a trademark in commerce is a legal requirement for a trademark to be registered. Use is not only required for registration, but also for a […]

Libel and slander are different types of defamation. Generally speaking, “defamation” is defined as the publishing of one or more false statements which damages a person’s reputation or business. Libel involves written false statements including photographs, cartoons, and other forms of printed or online content. On the other hand, slander involves oral false statements including […]

Amazon is a great platform selling products online. But Amazon has high standards. As such, occasionally, Amazon automatically cancels or suspends an order or orders. Generally, the reasons fall into three broad categories: Listing violates Amazon’s rules — Amazon is strict on compliance Poor seller performance — Amazon is focused on good customer service And, […]

An express license with respect to a patent is an agreement by the owner of a patent allowing another the right to make, use, or sell the patented invention. Essentially, a license prevents a patent owner from claiming that patent infringement has occurred. Express licenses are generally in written form and tend to be quite […]

Form 83(b) is a form that is signed and sent to the Internal Revenue Service (“IRS”) making a choice — an election — on when the signatory would like to be taxed on future-vesting equity, like shares stock, issued by a corporate entity. By sending Form 83(b), the signatory chooses to have the equity taxed […]

In the US, trademarks are legally protected from being infringed. In addition, FAMOUS trademarks have legal protections against two additional intellectual property “injuries” which are dilution by blurring and dilution by tarnishment. Most are familiar with trademark infringement. Infringement occurs when someone uses another’s trademark or one that is confusingly similar that causes confusion among […]

Hacking and other cybercrime is rampant. It is not just the big companies that are victimized. Even Amazon sellers are targeted. Indeed, over the last couple of years, Amazon has issued at least two detailed alerts to their sellers warning of increased risks associated with hacking and how to take preventative steps. If your Amazon […]

It is not surprising that the most important patent cases of the 21st Century have involved computer code, medical technology, and the human genome. Advancing technology and scientific knowledge tend to present unique and novel issues for patent lawyers and courts. For example, probably the most important patent case of the last twenty-one years was […]

When a trademark is used in commerce, the owner can apply to have the trademark officially registered with the US Patent & Trademark Office (“USPTO”). If the application fees are fully paid, the application is complete and the trademark meets all the legal requirements, then the USPTO issues a Certificate of Registration and the trademark […]

In patent law, there is a type of trial proceeding called Inter Partes Review (“IPR”). These are proceedings filed with the US Patent & Trademark Office and are conducted before the Patent Trial and Appeal Board (“PTAB”). The purpose of an IPR is to challenge an existing patent, or more specifically, to challenge one or […]