The Lewis Roca Rothgerber Intellectual Property Blog

April 14, 2014 7:56 PM | Posted by Enriquez, E. Martin | Permalink

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program").  31 C.F.R. § 501 et seq.  The Office of Foreign Asset Control (“OFAC”) at the Department of the Treasury manages the U.S. Sanctions Program.  The U.S. Sanctions Program prohibits U.S. nationals and U.S. companies from doing business in embargoed or sanctioned countries and from doing business with individuals or entities subject to U.S. sanctions laws and regulations.  Penalties for violating the U.S. Sanctions Program include civil and criminal fines, imprisonment, and the loss of tax credits or export privileges. 

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December 20, 2013 9:57 AM | Posted by Olafson, Shane | Permalink

In most U.S. states, merely using a trademark confers trademark rights to the owner.  As such, many companies question why they should spend time and money registering their trademarks with the United States Patent and Trademark Office (PTO).  There are many reasons to register a mark, but one of the most important reasons was recently highlighted in a case from the First Circuit Court of Appeals (the federal appellate court whose rulings cover Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico).  That case is Dorpan, S.L. v. Hotel Melia, Inc., 728 F.3d 55 (1st Cir. 2013).   

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December 12, 2013 4:43 PM | Posted by Olafson, Shane | Permalink

On December 4, 2013, in Petroliam Nasional Berhad (Petronas) v., Inc., the United States Court of Appeals for the Ninth Circuit held that the Anticybersquatting Consumer Protection Act (“ACPA”) does not provide a cause of action for contributory cybersquatting.

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November 15, 2013 5:33 PM | Posted by Pham, Tam | Permalink

One of the questions most often asked of patent attorneys is: “Is this patentable?” Such a question may apply to the questioner’s own invention or to the purported invention of another.

While it may appear to be a simple question, there are actually a few different ways to interpret and answer the question: “Is this patentable?”

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October 17, 2013 3:32 PM | Posted by Brody-Brown, Dana | Permalink

On June 12, 2013, the Trademark Trial and Appeal Board (TTAB) granted two motions for summary judgment based on lack of Applicant’s bona fide intent.

In the first of these decisions, Pacific Poultry Company, Limited v. George D. Stirling, Jr., Opposition No. 91204620 (June 12, 2013) [non-precedential], the Applicant, George D. Stirling, Jr., applied to protect SWEET G’S HULI MARINADE, SAUCE, GLAZE for “retail grocery stores”. Opposer, Pacific Poultry Company, claimed priority, likelihood of confusion, and lack of bona fide intent to use the mark in commerce “as a service mark for retail grocery stores”.  The record reflected that Applicant’s intent was not to operate a retail grocery store.  Instead, the mark was to be used with a food product.  

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October 1, 2013 8:02 PM | Posted by Norcross, Linda | Permalink

If you’re just launching a new business, there are a few things you need to consider before getting too far along in the name game.  Sure, you may have come up with what may well be the most brilliant brand in existence.  Ever.  BUT, before you go slapping that name on everything from shipping labels to stationery, here are three important tips to guide you down the path to building a strong and successful brand identity.

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