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Category: Intellectual Property

The Effect of Spireon in The Trademark Trial and Appeal Board

The Effect of Spireon in The Trademark Trial and Appeal Board

November 20, 2023 |  By: Michael Shafer and Alex Butterman   The legal landscape for trademark owners changed significantly in 2023 because in Spireon v. Flex Ltd, 2023 USPQ2d 737, the Court of Appeals for the Federal Circuit flipped the burden of proof for third-party registration evidence for identical marks in trademark oppositions. The bombshell… Continue reading The Effect of Spireon in The Trademark Trial and Appeal Board

NATIONAL SECURITY, PHARMACEUTICALS, AND JUDICIAL EXCEPTIONS: LEGISLATION THAT AFFECTS YOUR BUSINESS

National Security, Pharmaceuticals, and Judicial Exceptions: Legislation That Affects Your Business November 7, 2023 |  By: Anna Kinney and Daniel Finnegan   National Security Does your business employ foreign nationals or work with a state-owned enterprise? You need to be aware of HR5475[1], which may bar your business from obtaining some patents.   Congressman Scott… Continue reading NATIONAL SECURITY, PHARMACEUTICALS, AND JUDICIAL EXCEPTIONS: LEGISLATION THAT AFFECTS YOUR BUSINESS

TRAVIS KELCE’S TRADEMARKS ERA: A CELEBRITY MARKS SPOTLIGHT

Travis Kelce’s Trademarks Era: A Celebrity Marks Spotlight November 3, 2023 |  By: Alex Butterman   Think about some of your favorite brands, and how each is recognized. Everyone knows what a WHOPPER is and who sells it. A very particular shade of blue has been associated with TIFFANY because of the boxes the jewelry… Continue reading TRAVIS KELCE’S TRADEMARKS ERA: A CELEBRITY MARKS SPOTLIGHT

What Are the Grounds for a Cease-and-Desist Letter?

November 3, 2023 |  By: David Ludwig If someone is hurting you or your business, one option is to send a cease-and-desist letter (also known as a “demand letter”). What is it, and what are the grounds for a cease and desist letter? This letter informs the recipient of their harmful action and warns them… Continue reading What Are the Grounds for a Cease-and-Desist Letter?

The PREVAIL Act and the Patent Eligibility Restoration Act: Summary of Proposed 2023 Legislative Reforms to the U.S. Patent System

The PREVAIL Act seeks to overhaul certain procedures at the Patent Trial and Appeal Board (“PTAB”). The Patent Eligibility and Restoration

The PREVAIL Act and the Patent Eligibility Restoration Act: Summary of Proposed 2023 Legislative Reforms to the U.S. Patent System October 30, 2023  |  By: Mark Magas and Robert Greenspoon   A bipartisan group of senators introduced two new bills this year to address prevailing issues with the U.S. patent system. This article summarizes the… Continue reading The PREVAIL Act and the Patent Eligibility Restoration Act: Summary of Proposed 2023 Legislative Reforms to the U.S. Patent System

International Trademark Registration: The Madrid System (WIPO)

Protecting marks outside of the United States through "International Trademark Registration," commonly known as "The Madrid System"

International Trademark Registration 10.20.23  |  By: Thomas Dunlap   The blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States. This blog post concentrates on protecting marks outside of the… Continue reading International Trademark Registration: The Madrid System (WIPO)

How To Get Your First Patent

For inventors younger than 65, the USPTO has instituted a First-Time Filer Expedited Examination program for no additional USPTO filing fees.

How To Get Your First Patent: First-Time Filer Expedited Examination Program   October 16, 2023   |   By: Daniel Finnegan   After conjuring the creative spark and channeling the energies to develop a novel product or inventive process, thoughts of commercialization frequently lead to questions about putting a fence around such products and processes by utilizing… Continue reading How To Get Your First Patent

Could TRUMP TOO SMALL Shrink Free Speech Rights in The Trademark Application Process?

Trump Too Small Trademark Case and USPTO Free Speech Rights   October 11, 2023   |   By: Dunlap Bennett & Ludwig   The U.S. Supreme Court will hear arguments on November 1, 2023 for Vidal v. Elster, a case that questions whether an application to register “TRUMP TOO SMALL” as a mark can be refused registration,… Continue reading Could TRUMP TOO SMALL Shrink Free Speech Rights in The Trademark Application Process?

Bulletproof Trademarks: Why Brand Owners Should File a Section 15 Declaration of Incontestability

Why should brand owners file a Section 15 Declaration of Incontestability? This effectively gives the trademark owner a bulletproof vest...

Bulletproof Trademarks: Why Brand Owners Should File a Section 15 Declaration of Incontestability   September 20, 2023   |   By: Daniel Davis and Alex Butterman   Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] Trademark litigation can be long and costly.… Continue reading Bulletproof Trademarks: Why Brand Owners Should File a Section 15 Declaration of Incontestability

Borrowing Music: Basics of Cover Songs and Using Samples in Sound Recordings

New software, sampler plug-ins and royalty-free sample libraries have made using samples in sound recordings easier than ever. Copyright law

Borrowing Music: Basics of Cover Songs and Using Samples in Sound Recordings   September 13, 2023   |   By: Dunlap Bennett & Ludwig   Under the U.S. Copyright Act, a copyright owner has the exclusive right to publish, reproduce, alter, revise, distribute, publicly perform, and/or display the work and otherwise exploit such work, including for sound… Continue reading Borrowing Music: Basics of Cover Songs and Using Samples in Sound Recordings

Intern Program

As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

Paralegals and Legal Support Staff

At Dunlap Bennett & Ludwig, our team of paralegals and staff work together collaboratively along side our attorneys toward a common goal. We have created a positive work environment where our paralegals and legal assistants work to successfully reach firm-wide goals and support each other to combine individual strengths to enhance team performance. They regularly assist our attorneys with organizing and maintaining files, conducting legal research, and preparing documents.