IP Law Alert : Intellectual Property Lawyers & Attorneys : Gibbons Law Firm : Copyrights, Patent Infringement, Unfair Competition

Under the joint auspices of the US Patent and Trademark Office and the National Institute of Standards and Technology/Manufacturing Extension Partnership, the IP Awareness Assessment is now in the beta stage and available for businesses and inventors to assess their intellectual property awareness. Dubbed “a business and inventor’s IP education tool,” this web-based offering is designed to assess IP knowledge and provide personalized training resources for businesses and inventors.

The full assessment, made up of 62 questions and taking about 20-30 minutes to complete, includes questions in specific IP protection categories, such as Utility Patents, Trademarks, Copyrights, Trade Secrets and Design Patents, as well as general IP categories, like IP Strategies & Best Practices, Using Technology of Others, Licensing Technology to Others, International IP Rights and IP Asset Tracking. A shorter pre-assessment also is available, comprised of five questions, which takes about three minutes to complete and which allows a user to then choose a customized assessment specific to one of the above IP protection areas.

Once an assessment is completed, the program displays the results along with links for suggested training material resources. To access the IP Awareness Assessment, click here.

Ralph A. Dengler is Counsel to the Gibbons Intellectual Property Department.

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The Gibbons Women’s Initiative is hosting an upcoming program for in-house counsel entitled, “Protecting Your Company - Trademark Basics You Need to Know,” on Thursday, March 8 from 8:30 - 10:15 am at Gibbons Newark Office.

This program will feature Catherine M. Clayton, a Director in the Gibbons Intellectual Property Department, who leads the firm’s trademark practice. Ms. Clayton has a broad range of experience in trademark and copyright law, and her practice encompasses litigation, licensing and prosecution.

Ms. Clayton will discuss trademark and other intellectual property law basics; acquisition, licensing and registration of marks; and policing and enforcement strategies for businesses.

This informative and practical program is eligible for CLE credit. Please click here for additional details and registration information.

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The New York Knicks’ rising superstar point guard, Jeremy Lin, continues to wow fans around the world. Lin’s NBA ascent also has prompted a rush to the Trademark Office.

Over 20 applications for word marks that bear the letters L-I-N already have been filed. These include LIN-SATIONAL; ALL LIN; LINSPIRATION; I’M A LINNER; LINSOMNIA: LINCREDIBLE; and other derivations using the star’s last name. The frenzy began with applications for the seemingly ubiquitous LINSANITY catch phrase, which were filed on February 7 and February 9, as the star’s career took off. Most of the applications to date have been filed on an intent to use basis, that is, the applicant has expressed a bona fide intent to use the mark in interstate commerce.

Two of the applications appear to be made by Mr. Lin himself, and claim the word marks Jeremy Lin and LINSANITY for goods in Classes 18, 21, 25, 28 and 32, relating to, e.g., sports bags; cups and mugs; clothing; action figures and sporting goods; and sports drinks.

Of course, these applications will be scrutinized under federal trademark law, including Section 2(a) of the Lanham Act, which examines whether a mark falsely suggests a connection with another person who is not the applicant; as well as Section 2(c), which bars a mark identifying a living person, unless that person has consented in writing to the mark, 15 U.S.C. § 1052. Both provisions auger well for Mr. Lin’s applications. These trademark developments will be closely watched, as will the young star’s promising career.

Ralph A. Dengler is Counsel to the Gibbons Intellectual Property Department. Todd M. Nosher, an Associate in the Gibbons Intellectual Property Department, co-authored this post.

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While invention promoters and IP registration firms claim to assist present and future IP holders, some have been found to offer little or nothing of value in exchange for the thousands of dollars paid to them. Here are ways to investigate these firms and learn about your rights to avoid being treated unfairly.

Invention Promoters
There are several resources available to help investigate and weed out unscrupulous invention promoters. The Federal Trade Commission offers a Consumer Alert listing the “sweet-sounding promises” of promoters that may do little or nothing in return for the fees they collect. Complaints regarding invention promoters can be filed with the FTC.

The U.S. Patent and Trademark Office maintains a Scam Prevention webpage as a public forum for the publication of complaints concerning invention promoters. The USPTO does not investigate or participate in any legal proceedings, but will forward any complaints to the invention promoter and will publish any response on the USPTO public web forum.

Under the American Inventors Protection Act of 1999, invention promoters are required by law to describe their business practices and disclose all invention promotion companies they have been affiliated with over the last 10 years before entering into a promotion contract with a customer.

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