Author Archives: John DiGiacomo

As we recently discussed with respect to the proposed STRONGER Patents Act of 2017, legal debate continues to swirl around inter partes reviews. The US Supreme Court has entered the ring recently by accepting certiorari on two cases: SAS Institute Inc. v. Matal and Oil States Energy Services LLC v. Greene’s Energy Group, LLC. What […]

There are many startup and already successful e-commerce entrepreneurs who are importing products from China and then make good profits by re-selling them on Amazon and/or on similar online sales platforms. However, special care should be taken with electronic devices because such must comply with the Communication Act of 1934, as amended, and with regulations […]

It was reported back in March 2017 that Hasbro, Inc., submitted an application to trademark the distinctive scent of Play-Doh, the Hasbro-owned toy modeling clay that we all probably remember playing with as children. Hasbro describes Play-Doh’s smell as “a unique scent formed through the combination of a sweet, slightly musky, vanilla-like fragrance, with slight […]

According to recent news reports, fast-food hamburger chain, In-N-Out Burger (“In-N-Out”) has filed a federal lawsuit alleging trademark infringement against Smashburger, another fast-food hamburger chain. The trademark fight is over names for various burgers. The case has an interesting history and provides some useful lessons about trademark procedure and law. In-N-Out was founded back in […]

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic, what we call Trademark Genericide. Most recently, Google’s trademark status was challenged unsuccessfully as reported here. By enforcing trademark rights we help protect your trademark. The US Court of Appeals ruled this month that Google still retains […]

Trade secrets are among the most valuable forms of intellectual property owned by any business. Those trade secrets should be and must be protected from misappropriation and unauthorized disclosure. As recently reported here, trade secret litigation is on the rise, particularly in federal courts since the passage of the Defend Trade Secrets Act of 2016. […]

As many know, the Federal Trade Commission (“FTC”) regulates unfair and deceptive business practices including such practices on the internet. One of the more vexing recent issues has been business use of “consumer” reviews, “likes,” rating systems and similar types of product and service endorsements on websites and on social media. In September 2017, the […]

SIM swap scams are nothing new. Telecommunications providers such as Verizon, AT&T, T-Mobile, and Sprint have been aware for over ten years that unauthorized third parties regularly attempt to obtain access to customer subscriber accounts to gain control over a customer’s SIM card. Hackers Gaining Account Control By gaining control over a customer’s SIM card, […]

The US Patent and Trademark Office will not register a trademark unless it functions as a mark (see 15 U.S.C. §§1051, 1052, 1053, 1127). To do so, the mark must serve as an indicator of the source of the goods, identifying and distinguishing them from other goods and services. This points to the need for a […]

Businesses that engage in deceptive and unfair internet practices are subject to injunctions and large monetary damage awards under the Federal Trade Commission Act (“FTC Act”). Just as importantly, the owners and principals of businesses can be held personally liable. In the case discussed below, FTC v. Ross, the website owner was fined $163 million […]