Acquiring IP Assets From Debtors in Bankruptcy Proceedings

When a business files for bankruptcy, all of its assets, including any and all intellectual property and licensing rights to IP, become subject to the jurisdiction of the bankruptcy court. In simple terms, all assets go into the bankruptcy “estate” and are subject to the control of the court. The purpose of a bankruptcy is… READ MORE

SCOTUS Resolves Circuit Split: Disgorgement of Profits as Punishment for Trademark Infringement Does Not Require Proof of Willfulness

Federal trademarks are governed by the Lanham Act. See 15 U.S.C. §§1051 et seq. Among the rights granted to trademark owners by the Lanham Act is the right to exclusive use of one’s trademark. If another uses one’s trademark without permission or authorization, the owner can sue for trademark infringement. The Lanham Act invests federal… READ MORE

Five Reasons to Register Your Self-Employed Brand as a Trademark

Trademarks and service marks are essential to every business. A trademark identifies your business as the exclusive commercial source of the goods and services you are providing. That is a significant advantage in a competitive marketplace. This applies with equal force to individuals who are self-employed, particularly those working from on-line platforms trying to build… READ MORE

Is Your Business Ready for Foreign Trademark Registrations?

  Do You Have a Us Trademark Registration or Pending Application? Certain international treaties provide some advantages to filing based on your US trademark application or registration. Your international trademark is dependent on your domestic registration for the first five years. Anything that happens to your home trademark registration in the first five years of… READ MORE

ShopBase: A New Potential Avenue for Print on Demand Infringement

Everyone from artist and designers to brand owners and inventors know that protecting intellectual property rights on the internet can be an uphill battle. You may have finally figured out how to get Amazon to take down a listing that copied your product photos and then you have another infringer selling counterfeit products under your… READ MORE

PayPal Account Frozen? Defending Retailers Sued for Trademark Infringement

If you are an online retailer, here is what you need to know about trademark infringement on ecommerce platforms, and things you should be aware of if you are required to defend yourself from trademark infringement allegations. A Mixing Pot of Commerce and Cultures Domestic e-commerce sites such as Amazon Marketplace and eBay are big… READ MORE

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