In some intellectual property cases, a defendant knows about a patent or trademark and still infringes. When that happens, a court may increase the damages award. These enhanced damages issues can affect the overall damages position early in the case, particularly...
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Intellectual Property
Difference between trademark dilution and trademark infringement
The uniqueness of a trademark must be guarded carefully; failing to do so can cause irreversible damage to your brand. If you suspect someone is misusing your trademark, it is important to understand the difference between trademark dilution and trademark...
Trademark infringement can damage a successful brand
Formal trademark registration is an important part of brand management and marketing. Submitting paperwork to the United States Patent and Trademark Office (USPTO) to designate an image as representative of a brand allows a company to confidently use a logo or image...
Common intellectual property disputes between business partners
Intellectual property (IP) is often one of the most valuable assets a business owns. Brand names, proprietary software, client lists and creative content are used to increase competitive advantage and drive profits. But what happens when business partners part ways?...
What is a patent re-examination?
The patent prosecution process is lengthy and somewhat complex. The party seeking a patent must explain how their submission is unique, as well as the technical details about how it functions or what separates it from similar products. Professionals from the United...
Consumer confusion and similar business names
An important piece of intellectual property that a business has is the name that the company operates under. This is very important for branding, customer recognition and building awareness for the business over time. That being said, you may notice that there are...
2 common mistakes that could lead to trademark litigation
Your brand is one of the most valuable business assets that you own. Whether it is your company name, logo or slogan, your trademark helps customers identify your products and services. However, failing to protect that trademark properly could put you at risk for...
Business processes can be duplicated without patent protection
Unfortunately, many business owners overlook the importance of patenting their innovative methods. While they might trademark their brand name or logo, they often fail to protect the underlying systems or workflows that make their business distinctive. This leaves...
What to include in a cease-and-desist letter
If someone uses your intellectual property (IP) rights without your permission, you should send them a cease-and-desist letter. This is the first step to protecting your rights. It allows you to resolve the issue earlier. Here is what to include in your...
Can a new competitor’s trademark create a risk of confusion?
Intellectual property and branding can be critical to a company’s long-term success. In addition to monetizing original creative works and trade secrets, companies may decide to utilize a trademark. A trademark is an image or symbol that represents the company and its...

