A Unique Bottle Design can be Protected

According to the Wine Market Council, fifty seven percent of all wine consumed on site is by women. Over half of the wine consumption in the U.S. is by women. According to an article by Marti Barletta posted at http://www.adage.com, “Marketing Wines To Women,” February 7, 2006, women shop for wine with the final experience in mind. Perhaps armed with that knowledge, Lushious LLC of Yorktown Heights, New York applied for a design patent on a wine bottle shaped somewhat like a women’s leg in a high heel shoe. And the U.S. Patent Office issued Patent No. D703,543 on April29, 2014 on the design, shown left: U.S. Patent No. D703,543 issued on April 29, 2014 to Lushious LLC. Continue reading

Determining the Value of a Patent or Patent Application

Most lawyers know that the value of a business is made up of the value of its assets. Tangible assets like stocks, bonds and real estate have relatively straightforward methods of valuation. By contrast, intangible assets such as patents are much harder to value. Continue reading

Hooray for the Red, White & Blue- The Importance of First to Use

In trademark law, the first user of a trademark is called the “senior user,” and has priority over any later user, called the “junior user.” This rule means that filing a trademark application, if you are the junior user, will not get your mark priority over the senior user.
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Procedures for Invalidating, Clarifying, or Narrowing a Patent in the Patent Office Under the America Invents Act

Prior to AIA, there were two ways for a third party to invalidate a patent in the patent office:

  • Interference under 35 U.S.C. § 135 & 37 C.F.R. § 41.202, which was extremely limited, as it required:
    1. Must have a patent application on file with claims drawn to the same invention as the patent;
    2. Patent office must agree that the claims are the same; and
    3. Must prove earlier invention and first to file won 90 percent or so of the time.

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Is Your Wine’s Label Properly Cleared?

Copyrights cover a work, such as a picture, a painting, a literary work or a video, and trademarks cover a word, slogan, phrase, logo, image, or sound when used in connection with a good or service, such as wine or clothing. Although copyright and trademark can appear to overlap, they are separate and distinct types of protection. Ownership of a copyright on an image does not mean you own that image as a trademark, and ownership of a trademark that uses an image does not mean you own a copyright on the image.

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