Author Archives: John DiGiacomo

Under the U.S. Patent Act, there are four legal requirements for patentability. The invention must be: Eligible for patentability under the Act — this is called “subject matter eligibility” Novel — that is, something new Non-obvious Useful — this is legally called the “utility requirement” If you are thinking of patenting your invention, you will […]

Legally, a “conspiracy” is some sort of agreement — express or implied — reached between two or more persons or entities to commit a crime or a wrongful act. Conspiracies are punished under both criminal and civil law. In criminal law, the agreement is the gist of the claim and intent that a crime be […]

Brands are important for growing and maintaining your business, particularly if your business has a significant online presence. For eCommerce, brands are how customers “find” your business and you maintain loyalty and generate repeat business. A “brand” is often synonymous with a trademark. A brand can be a word, slogan, design or symbol. Cultivating your […]

Generally speaking, you cannot obtain a patent for an obvious invention. However, to be a bit humorous, it is not always obvious whether an invention is obvious. When a patent application is filed, the application will be examined by a patent attorney at the US Patent & Trademark Office (“USPTO”). Under USPTO guidelines and court […]

If you buy a product and see on the packaging an R surrounded by a circle — what is commonly called the “Circle R” or the ® symbol — that signifies that the manufacturer or seller of the product has registered its trademark with the United States Patent & Trademark Office (“USPTO”). The Circle R […]

Individuals and entities that apply for patents under US law have a number of duties that they owe to the U.S. Patent & Trademark Office (“USPTO”) and to the public generally. Among the most important is called the “duty of disclosure, candor, and good faith. See 37 C.F.R. 1.56. In brief, this involves the duty […]

In general terms, “gray marketing” exists when legitimate, trademarked, non-counterfeit goods or products are sold legally, but outside of the distribution channels that are authorized by the owner of the trademark with respect to the goods or products. Gray marketing often involves goods manufactured outside the United States which are imported and sold in the […]

The difference between a “trade name” and a “trademark” is actually a bit complex. This is because, from a legal standpoint, a trade name is distinct from a trademark and each serves a separate legal function. However, from a commercial business standpoint, they can become blurred since both serve the business purpose of helping to […]

As the world watched for new developments and information for the COVID-19 vaccine and the US waited to see what kind of stimulus the Federal Government would provide to citizens, new intellectual property laws were enacted at the tail end of 2020. Luckily, we’ve been paying close attention. This new trademark and copyright legislation will […]

In many legal proceedings, a person or entity suing another might be required under the law to prove that the defendant — the party being sued — acted with “actual malice.” For example, in many jurisdictions, a person suing for fraud can be awarded punitive damages, but only if they can show that the other […]