Hashtags Can to Lead to Trademark Liability
While the contours of trademark liability are still being litigated, anyone involved in social media or marketing should be aware that using a competitor’s trademark as a “hashtag” has the potential to communicate a false endorsement or association with the competitor and potentially lead to trademark liability. What is a hashtag? The hashtag sits at […]
Trademark Registration for the Small Business Owner
Owners of businesses of all sizes frequently are confused about the benefits of registering their trademark(s) and the difference between a trademark registration and the myriad of other registrations necessary to own and operate a business. This article provides a brief primer on what a trademark is, some best practices, and advice regarding when it […]
Revisiting Royalty Structures in Hybrid Licenses
In 2015, the U.S. Supreme Court heard arguments in Kimble v. Marvel Enterprises, Inc. and declined to alter important aspects of patent and trade secret licensing. Consistent with its earlier precedent, Brulotte v. Thys Co., decided in 1964, the Court confirmed that a pure patent license providing for payments of royalties beyond the term of […]