Athletes are not only known for their performance on the field—they are becoming powerful brands in their own right. Whether it’s an apparel line, a restaurant, or merchandise, the number on an athlete’s jersey has become a valuable asset. But what happens when two athletes claim the same number for branding purposes? The battle over […]

A Houston federal judge recently ordered three defendants to pay over $1.5 million for trademark infringement. This case serves as a reminder of how crucial intellectual property rights are for businesses.  The ruling also poses as a cautionary tale of the expensive consequences of willful trademark infringement. Overview of the Lewis Brisbois Case The conflict […]

In a notable ruling, a Tennessee federal judge recently affirmed her decision favoring Spotify in an intellectual property licensing dispute involving Eminem’s music. This case emphasizes the complexities of intellectual property (IP) rights, copyright law, and the vital role of precise legal agreements. Overview of the Intellectual Property Licensing Dispute The legal battle began when […]

For a YouTube content creator, videos are your intellectual property. Recent lawsuits against Google and OpenAI serve as a reminder of the need to protect your content. David Millette has filed class actions accusing these tech giants of illegally using YouTube videos to train their AI products. Allegations Against Google and OpenAI Millette claims that […]

Ariana Grande recently sued the U.S. Patent and Trademark Office (USPTO). Her application to register the “One Love Manchester” trademark was denied. This lawsuit highlights the importance of trademark registration for events. For businesses and individuals, protecting intellectual property (IP) is crucial. At Thrive IP®, we help you navigate these challenges. Background of the Case […]

A year ago, the U.S. Supreme Court made what was believed to be a narrow ruling in the case Jack Daniels’s Properties, Inc. v. VIP Products LLC. The ruling in the case was that VIP Products Inc. could not claim First Amendment protection for its dog toy parodying Jack Daniel’s whiskey. The Court’s unanimous decision […]

The rise of artificial intelligence (AI) technology is reshaping industries, prompting increased litigation risks. At the University of California, Berkeley School of Law’s recent symposium, experts forecasted a surge in legal challenges driven by wider AI usage and tighter regulations. This evolving scenario underscores the importance of expert intellectual property (IP) services to navigate these […]

The European Union’s recent enactment of the AI Act has sparked both enthusiasm and concern within the tech community. While it aims to balance technological innovation with safeguarding intellectual property rights, experts predict that it may lead to increased litigation, particularly in the realm of copyright infringement. Designed to address the rapid development of artificial […]

In a recent legal development, a California federal judge has made significant rulings in the copyright class actions against OpenAI Inc., the creators of ChatGPT. The lawsuits, led by comedian Sarah Silverman and author Paul G. Tremblay, alleged that OpenAI utilized their works without authorization or compensation to train its ChatGPT model. While the bulk […]

The legal battle surrounding the Miles Davis tattoo copyright dispute has captured widespread attention, shedding light on the intricate nuances of intellectual property law. This article delves into the intricacies of the case, exploring the implications for creators, consumers, and the tattoo industry. Unraveling the Dispute: The clash between artistic expression and copyright protection unfolds […]

The Knoxville Bar Association Corporate Counsel Section has published an article drafted by Peter Brewer.  The article is entitled “What’s In Your Non-Disclosure Agreement?” The article discuss the terms ideally found in an NDA.  The article can be found here.

The U.S. Supreme Court recently issued a decision involving the Patent Trial and Appeal Board (PTAB) system used for challenging patents.  Specifically, in the case of United States v. Arthrex , the court heard a challenge by a patent holder, alleging that the judges hired by the Patent Office to hear Inter Partes Review cases […]

What is NIL? This short acronym has popped up lately in news feeds in connection with the plight of the college athlete. NIL stands for name, image and likeness. In the last two years almost 20 states have passed laws that will allow athletes to earn money from third parties for the use of their […]

In this issue of ‘Intellectual Property Application Series,’ I’ll discuss what is called an intellectual property (IP) strategy.  I’ll explain what it is, what you need to know, and what to do if you need legal assistance with your IP strategy. Intellectual Property (IP) Strategy: An intellectual property strategy is a strategic plan to build, […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing trademarks and the trademark solicitations you could receive after filing a federal trademark application.  I’ll explain what a trademark is, what a trademark solicitation is, how to detect a fraudulent trademark solicitation, and what to do if you receive a suspicious notice. Trademarks: A trademark is […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing service marks and the service mark solicitations you could receive after filing a federal service mark application.  I’ll explain what a service mark is, what a service mark solicitation is, how to detect a fraudulent service mark solicitation, and what to do if you receive a […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing state registered trademarks and the proper way to use the mark in order to maintain the legal rights state registration provides.  I’ll explain what a trademark is, what state trademark mark registration involves, and what to know about proper usage to maintain a state registered trademark. […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing state registered service marks and the proper way to use the mark, in order to maintain the legal rights state registration provides.  I’ll explain what a service mark is, what state service mark registration involves, and what to know about proper usage to maintain a state […]

The Obama administration’s America Invents Act of 2011 was supposed to improve the U.S. patent system and reduce patent litigation.[1]  A decade later Apple Inc., one of the original proponents of the “AIA,” is discovering that its laudatory goals are not aligning with reality. The goal of reducing conventional patent litigation was to be achieved […]

“Discretionary” is beginning to mean “nearly always” in the world of Inter Partes Reviews (IPR).  See, e.g., Is the U.S. Patent Trial and Appeal Board Still a Patent “Death Squad”​? | LinkedIn (discussing extremely high IPR/PGR institution rate). Sotera Wireless, Inc. v. Masimo Corp., one of the latest decisions from the Patent Trial and Appeal Board […]

What to Know About the Proper Use of a Common Law Trademark:  The Intellectual Property Application Series In this ‘Intellectual Property Application Series,’ I’ll be discussing common law trademarks and the proper way to use the mark in order to maintain the legal rights common law provides.  I’ll explain what a trademark is, what common […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing common law service marks and the proper way to use the mark in order to maintain the legal rights common law provides.  I’ll explain what a service mark is, what common law service mark rights involve, and what to know about proper usage to maintain common […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing federally registered trademarks and the proper way to use the marks in order to maintain the legal rights federal registration provides.  I’ll explain what a trademark is, what federal trademark registration involves, and what to know about proper usage to maintain a federal trademark registration. This […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing federally registered service marks and the proper way to use the mark in order to maintain the legal rights federal registration provides.  I’ll explain what a service mark is, what a federal service mark registration involves, and what to know about proper usage to maintain a […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing state trademark registrations and the proper way to use the state trademark symbol in order to maintain the legal rights state registration provides.  I’ll explain what a trademark is, what a state trademark registration involves, and what to know about proper usage of the state trademark […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing state service mark registrations and the proper way to use the service mark symbol inorder to maintain the legal rights state registration provides.  I’ll explain what a service mark is, what a state service mark registration involves, and what to know about proper usage of the […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing federal trademark registrations and the proper way to use the registration symbol inorder to maintain the legal rights federal registration provides.  I’ll explain what a trademark is, what a federal trademark registration involves, and what to know about proper usage of the federal registration symbol to […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing federal service mark registrations and the proper way to use the registration symbol in order to maintain the legal rights federal registration provides.  I’ll explain what a service mark is, what a federal service mark registration involves, and what to know about proper usage of the […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing common law trademarks and the proper way to use the trademark symbol inorder to maintain the legal rights provided under common law.  I’ll explain what a trademark is, what a common law trademark involves, and what to know about proper usage of the trademark symbol to […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing common law service marks and the proper way to use the service mark symbol inorder to maintain the legal rights provided under common law.  I’ll explain what a service mark is, what a common law service mark involves, and what to know about proper usage of […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing common law service marks.  I’ll explain what a service mark is, what a common law service mark is and what is involved in obtaining and maintaining a common law service mark .  This and more will help explain why a common law service mark is an […]

Houston is known as the “Energy Capital of the World.”[i] The city is home to the headquarters of more than 500 oil and gas exploration and production firms and countless manufacturing and engineering firms that provide support.[ii] Behind all of that “energy” is a lot of technology, much of which is protected through the efforts […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing trademark searches.  I’ll explain what a trademark is, what to know about a trademark search before filing for registration, and why a trademark search is an important tool for protecting your product or service. What a Trademark is: A trademark is a type of intellectual property […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing trademark classes.  I’ll explain what a trademark is, what to know about trademark classes before filing, and why a trademark is an important tool for protecting your product or service. What a Trademark is: A trademark is a type of intellectual property that distinguishes and identifies […]

In this ‘Intellectual Property Application Series, I’ll be discussing trademark specimens of use and trademark applications for federal registration.  I’ll explain what trademark and a trademark specimen of use are, what to know about them before filing a trademark application, and why trademarks are an important tool for protecting your product or service. What a […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing use based trademark applications compared to intent to use based trademark applications for U.S. federal registration.  I’ll explain what a use based trademark application is, what an intent to use based trademark application is, what to know about them before filing any trademark application, and why […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing intent to use based trademark applications for U.S. federal registration.  I’ll explain what an intent to use (ITU) based trademark application is, what to know about them before filing any trademark application, and why trademarks are an important tool for protecting your product or service. What […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing use based trademark applications for U.S. federal registration.  I’ll explain what a use based trademark application is, what to know about them before filing any trademark application, and why trademarks are an important tool for protecting your product or service. What a Trademark is: A trademark […]

In this ‘Intellectual Property Application Series, I’ll be discussing the differences between the Principal Register and Supplemental Register of the United States Patent and Trademark Office (USPTO).  I’ll explain what a trademark is, what the Principal Register is, what the Supplemental Register is, what to know about them before filing any trademark, and why a […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing trademark registration on the Supplemental Register of the USPTO.  I’ll explain what a trademark is, what the Supplemental Register is, what to know about them before filing any trademark application, and why trademarks are an important tool for protecting your product or service. What a Trademark […]

In this ‘Intellectual Property Application Series, I’ll be discussing the trademark application as registered on the Principal Register of the United States Patent and Trademark Office (USPTO).  I’ll explain what a trademark is, what the Principal Register is, what to know about them before filing any trademark, and why a trademark is an important tool […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing trade secrets vs. Utility patents.  I’ll explain what they are, the types of protection they offer, and why they are important tools for protecting your invention. What a Trade Secret is: A trade secret is a type of intellectual property that is broadly defined, but is […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing the trade secret.  I’ll explain what it is, what to know about protecting one, and why it is an important tool for protecting your invention. What a Trade Secret is: A trade secret is a type of intellectual property that is broadly defined, but is generally […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing common law trademarks.  I’ll explain what a trademark is, what a common law trademark is and what is involved in obtaining and maintaining a common law trademark .  This and more will help explain why a common law trademark is an important tool, which protects both […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing state service mark applications.  I’ll explain what a service mark is, what a state service mark is, and what a state service mark application and registration involves. This and more will help explain why service marks are an important tool, which protects both businesses and consumers. […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing state trademark applications.  I’ll explain what a trademark is, what a state trademark is, and what a state trademark application and registration involves. This and more will help explain why state trademarks are an important tool, which protects both businesses and consumers. Trademarks: A trademark is […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing the service mark application.  I’ll explain what it is, what to know before filing, and why it is an important tool for protecting your service. What a Service Mark is: A service mark (servicemark) is a type of intellectual property that distinguishes and identifies the source […]

In this ‘Intellectual Property Application Series,’ I’ll be discussing the trademark application.  I’ll explain what it is, what to know before filing, and why it is an important tool for protecting your product or service. What a Trademark is: A trademark is a type of intellectual property that distinguishes and identifies the source of a […]

In this ‘Patent Application Series,’ I’ll be discussing the difference between a provisional and a nonprovisional (utility) patent application.  I’ll explain what they are, what to know before filing either, and why they are both important tools for the protection of an invention. WHAT A PROVISIONAL PATENT APPLICATION IS: A provisional patent application, as the […]

In this ‘Patent Application Series,’ I’ll be discussing the utility patent application and design patent application.  I’ll explain what they are, what to know before filing either, and why they are important tools for the protection of an invention. WHAT A UTILITY PATENT APPLICATION IS: A utility patent application, as the name implies, is a […]

In this ‘Patent Application Series,’ I’ll be discussing both the utility patent application and the Patent Cooperation Treaty (PCT) application.  I’ll explain what they are, what to know before filing either, and why they are important tools for the protection of an invention. WHAT A UTILITY PATENT APPLICATION IS: A utility patent application, as the […]

In this ‘Patent Application Series,’ I’ll be discussing the Patent Cooperation Treaty (PCT) application.  I’ll explain what it is, what to know before filing, and why it is an important tool for protecting an invention internationally. What a Patent Cooperation Treaty (PCT) Application is: A Patent Cooperation Treaty (PCT) application is a type of patent […]

In this ‘Patent Application Series,’ I’ll be discussing the plant patent application.  I’ll explain what it is, what to know before filing, and why it is an important tool for the protection of a new plant. What a Plant Patent Application is: A plant patent application is a means for applying for the protection of […]

In this ‘Patent Application Series,’ I’ll be discussing the design patent application.  I’ll explain what it is, what to know before filing, and why it is an important tool for the protection of a design. What a Design Patent Application is: A design patent application is a patent application that is filed to protect a […]

In this ‘Patent Application Series,’ I’ll be discussing the nonprovisional utility patent application.  I’ll explain what it is, what to know before filing, and why it is an important tool for the protection of a utility invention. What a Nonprovisional Utility Patent Application is: A nonprovisional utility patent application, as the name implies, is a […]

In this ‘Patent Application Series,’ I’ll be discussing patent prosecution.   I’ll explain what it is, what to know before filing, and why it is an important process. What Patent Prosecution is: Patent prosecution has two definitions in the world of Intellectual Property.  In a general sense, patent prosecution refers to the plaintiff’s side of litigation […]

In this ‘Patent Application Series,’ I’ll be discussing the provisional patent application. I’ll explain what it is, what to know before filing, and why it is an important tool during the development of an invention. What a Provisional Patent Application is: A provisional patent application, as the name implies, is a patent application that is […]

In this ‘Patent Application Series,’ I’ll be discussing the patentability search.  I’ll explain what it is, what to know before investing, and why it is an important step in the patent application process. What a Patentability Search is: The patentability search, or novelty search, as the names imply, are searches performed with the intent to […]

In this ‘IP Tool Box Series,’ I’ll be discussing the most prevalent type of intellectual property protection, the copyright. I’ll explain what it is, why it is an important tool, and why it should be considered more than just a passive right. What Copyright is: Copyright is a legal right which protects a creator’s individual […]

In this ‘IP Tool Box Series,’ I’ll be discussing the differences between an Assignment Agreement and a License Agreement.  I’ll explain what they are, what their differences are, and why they are important tools. What an Assignment Agreement is: An Assignment Agreement is a contractual Agreement that Assigns or transfers Intellectual Property (IP) rights from […]

In this ‘IP Tool Box Series,’ I’ll be discussing the ever useful, License Agreement. I’ll explain what it is, why it is an important tool, and why it should be considered more than just a clerical form. What a License Agreement is: A License Agreement, as the name implies, is a contractual Agreement that Licenses […]

In this ‘IP Tool Box Series,’ I’ll be discussing the ever important, Assignment Agreement. I’ll explain what it is, why it is an important tool, and why it should be considered more than just a clerical form. What an Assignment Agreement is: An Assignment Agreement, as the name implies, is a contractual Agreement that Assigns […]

In this ‘IP Tool Box Series,’ I’ll be discussing the ever useful, Non-Disclosure Agreement.  I’ll explain what it is, why it is an important tool, and why it should be considered more than just a clerical form. What a Non-Disclosure Agreement is: A Non-Disclosure Agreement (NDA), or Confidentiality Agreement (CA), as the names imply, are […]

The first step in any process is deciding to start.  So, let me be the first to congratulate you on your journey into the wonderful world of Intellectual Property.  Deciding which Intellectual Property (IP) law firm is a good fit for you and your company is a major decision and the answer will depend on […]

No one needs to be convinced that protecting a new idea is important to keeping it secure. Where the confusion and deliberation begin, is usually when one starts asking, “How do I protect my idea?” Some people even spend years wondering “if my idea is patentable” or “if my new business name is able to […]

What is Thrive IP®? Besides the fact that we are an Intellectual Property Law Firm, what makes us different? Our history sets us apart and our constant effort to persist under the philosophy that inspires us, to help our clients thrive. To thrive, one must be supported, nurtured, and protected. Helping you thrive is our […]

Have you created the Next Big Thing? Are you excited to start showing the world your great invention? If you are, take a couple minutes to absorb the responsibility that lies ahead. Before attempting to go through the patent process steps, it’s imperative to study the marketplace of your product. Is the industry niche or […]

In February 2007, mom Stephanie Lenz uploaded a YouTube video of her baby dancing to the Prince song, “Let’s Go Crazy.” She had no way of knowing, but that short 29-second clip would end up at the heart of one of the most important intellectual property cases of the decade. Let’s back up. Ever since […]

Managing intellectual property is a complicated subject, and one that the general public often has a lot of questions about. Questions like, can you patent an idea? Is my copyright valid in other countries? Why was my trademark application rejected? In case you’re wondering, the answers are: usually no, not always, and that depends. As […]

When most Americans think of patents, they imagine an inventor tinkering in his basement, like Alexander Graham Bell building the first telephone or Thomas Edison inventing the lightbulb. But as intellectual property rights lawyers and patent litigation attorneys will tell you, it’s a little more complicated. Intellectual property and patents can apply to virtually any […]

Intellectual property may be a broad category, containing everything from copyrighted written and artistic works to patented inventions and plants. It’s also one of the cornerstones of the United States’ economy, accounting for more than half of the country’s exports and controlling about 40% of economic growth nationwide. Yet intellectual property is also under threat […]

Think you know the basics on patent filing and intellectual property rights? Test your knowledge by reading over these three facts. Patents are filed through the United States Patent and Trademark Office… in the U.S., at least. Any governing bodies that allow patent filing are under the regulation of the World Trade Organization. Most of the […]

Sam Van Aken is both a Syracuse University professor and an artist who has had his work displayed in galleries around the world. But in order to create some of his latest works, he used nature and his youth spent on a farm as his inspiration. Van Aken is the creator of the Tree of […]

This month, singer Taylor Swift made headlines when she refused to let Apple’s new music streaming service stream her songs for free. The mega-corporation announced that it would not pay artists for the use of their music for the first three months of Apple Music’s trial period. But Swift responded by penning a letter on […]

While it may seem like a no-brainer, it turns out that intellectual property is stolen more often than you may think. Knowing about the different types of patents or facts about copyright laws is useful, but safeguarding against infringement is the best step that business owners and entrepreneurs can take. Here are three little-known facts […]

On Monday, news broke that filmmaker Joss Whedon, who is famous for The Avengers and Buffy the Vampire Slayer, is facing a lawsuit over potential intellectual property theft for his 2012 film The Cabin in the Woods. The suit alleges that Whedon, who wrote and produced the film, and creative partner Drew Goddard, who directed it, stole the plot […]

In the United States, innovation is often considered the backbone of the country’s economy. Being able to invent new and exciting consumer products and sell them is what drives the desire to succeed in many people. Yet without the promise of intellectual property protection for inventions and creative works, specialized industries may find progress stifled, […]

As an inventor or entrepreneur, you may not think that protecting your intellectual property is important — but think again. Intellectual property theft occurs more frequently than you might think, so having the legal recourse to fight these battles could make all the difference in whether you get to keep offering your products and services.Here […]

Intellectual property can be confusing for those who are creators or inventors. Individuals and small businesses are especially vulnerable in protecting everything from their products or artistic works to their brand names and logos, and they may not have the resources or know-how to pursue legal action in the event of theft. If you are […]

Protecting intellectual property on the internet can be tricky for some. For others, it can hit them where it counts — in the wallet.Photo sharing website Flickr came under fire recently when it began offering some of the Creative Commons-licensed works on its site for sale as wall art, in addition to a curated collection […]

Intellectual property laws are complex and difficult for the average creator to understand. But before you hire a lawyer to protect your work with a copyright that would guarantee compensation for use of your work, however, it’s important to understand how automatic copyright works when it comes to intellectual property laws.Many artists and writers fret […]

Patent wars: we hear about them in the news each day. Much of what shows up in the news concerns the legal battles between smartphone giants like Apple, Samsung, Microsoft, Nokia, and other companies as they all vie for the top spot among consumers. A new study, however, has revealed that most of these lawsuits […]

The Washington Redskins have been pressured to change their name for many years now, including by a recent coalition of Native American tribal groups, civil rights organizations, and 49 U.S. senators led by Sen. Harry Reid. Now, however, the team’s owners face another, unexpected source for that pressure: the United States Patent and Trademark Office.The […]