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Can You Trademark Something “Scandalous”?

Can You Trademark Something “Scandalous”?

Trademark
For decades, the Lanham Act prohibited trademarks that were “immoral” or “scandalous.” The law left it up to the U.S. Patent and Trademark Office (USPTO) to determine when an application involved a scandalous mark, and the USPTO would deny trademark applications accordingly. Now, however, an applicant has appealed his denial all the way to the Supreme Court of the United States (SCOTUS), and SCOTUS effectively struck down the ban on scandalous trademarks. In the case of Iancu v. Brunetti, a clothing designer appealed the repeated denial of his application to trademark the name of his clothing brand, which was the acronym F.U.C.T. The USPTO had been denying his applications since the 1990s based on “scandalous” content. SCOTUS, however, ruled in a 6-3 decision that the law banning immoral or scandalous…
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What is a Provisional Patent?

What is a Provisional Patent?

Uncategorized
When you create an invention or design, you likely want to protect your creation from misappropriation, which often involves obtaining a patent. The patent application process can be lengthy and costly, however, so many people fail to protect their idea. If you are not the first person to patent a design, you lose your opportunity to do so. In addition, you might not want to start a patent application because you do not know if your idea is marketable, whether you can afford to promote or produce it, and other reasons. The good news is that there is another option before you get a patent, which is called a provisional patent. Overview of Provisional Patents A provisional patent allows you to claim “patent pending” status before you obtain a full…
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Steps of the Patent Process

Steps of the Patent Process

Patents
If you believe you need patent protection for a new invention you conceived, there are several steps of the process. It is important to have the assistance of a qualified patent lawyer in Florida every step of the way to increase your chances of success. Is a patent the right type of protection? First things first, you need to make sure that a patent is the appropriate form of intellectual property protection for your situation. There are other types of protections, including trademarks, copyrights, and trade secrets that might apply. Is your invention or idea patentable? The United States Patent and Trademark Office (USPTO) has strict guidelines under the law regarding what can qualify for a patent or not. First, you cannot patent something that is already patented or that…
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Patent Infringement Case Regarding Fitness Bikes

Patent Infringement Case Regarding Fitness Bikes

Patents
Fitness startup Peloton Interactive has achieved significant success in recent years with its in-home fitness bikes and video subscription that brings fitness classes into your living room. In early October, Peloton filed a lawsuit against a company called Echelon Fitness, claiming that Echelon is infringing on Peloton’s patent and affecting the company’s sales. Echelon sells similar fitness bikes for homes, as well as a subscription service. In addition, Peloton claims the following: Echelon produces cheap copycat bikes that are nowhere near the quality of the Peloton bike Echelon uses false comparisons to Pelaton in its advertising to convince customers they are getting the same product for a much better price (Echelon bikes start at $799 while the Peloton experience costs more than $2200) Peloton claims that because of Echelon’s deceptive…
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Does Your Invention Qualify for a Patent?

Does Your Invention Qualify for a Patent?

Patents
When you invent something new, you likely want to protect your design to ensure no one else misappropriates it and wrongfully profits from it. One way to do so is to apply for a patent that protects your ownership of your invention. However, just because you believe you invented something new and innovative does not mean it will necessarily qualify for a patent. The United States patent laws have strict requirements for what might qualify for protection, and you should discuss your invention with a patent attorney in Orlando right away. Requirements for a Patent The requirements for the U.S. Patent and Trademark Office (USPTO) to approve your patent are complex, but the following is a basic overview for a utility patent: Your invention provides a utility, meaning it is…
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Tips to Monetize Your Invention

Tips to Monetize Your Invention

Uncategorized
Many people have great ideas for inventions, though not everyone makes a profit as a result. This is often because inventors might be unsure how to monetize their idea and turn it into a business. The following are only some tips toward success, and you should not wait to seek invention help from an experienced invention lawyer in Florida. Do Your Research Is there a market for your specific invention? Do people need or want this product? What will the competition be like? These are all important questions to answer to know whether your invention may be a success story. Conduct internet research, ask friends and family members, and more. Protect Your Invention As you discuss your invention with different people or companies, there is always the chance they will…
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New Inventions in 2019

New Inventions in 2019

Patents
Many people have ideas for inventions, and some people take the steps to make them a reality and change the way the world works. The following are some examples of innovative inventions so far in 2019. If you are inspired to develop your own invention, you should speak with a skilled patent lawyer in Orlando today. Adaptive Controller for Xbox Microsoft engineers designed a controller for Xbox that allows individuals with limited mobility in their arms and hands to be included in gaming. The device was inspired by cerebral palsy advocacy groups. The Mirror You can hang this mirror in your home, and when you are ready to work out, the mirror will stream live workouts and provide inspiration from a fitness coach who appears in the “mirror.” This is…
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When is Your Invention More than an Idea?

When is Your Invention More than an Idea?

Uncategorized
Many people have ideas for new and improved products that can make life more convenient or enjoyable. However, when is it time to turn your idea into a reality by moving forward with a practical design for your invention? When you decide to try to produce an invention, there are many things to consider, and you should discuss the steps to take with a patent lawyer in Orlando. From Idea to Invention If you cannot shake an idea that you have, it may be a sign that you should try creating your invention. It may take several tries, and you might have to adjust your design along the way. Keep detailed notes of both your successes and your failures. Once you have a working design or prototype, you will need…
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Intellectual Property Law FAQ

Intellectual Property Law FAQ

Intellectual Property
Intellectual property (IP) is a valuable asset for businesses or individual artists or inventors. The law provides ways to protect your IP from misappropriation or use by others without authority, and an intellectual property lawyer in Orlando can advise you of your legal options. The following are only a few frequently asked questions about IP laws. What are my options for IP protection? The types of protections available to you depend on the type of intellectual property you want to protect, as follows: Copyright = This protects original creative works, including songs, writings, photos, physical art, and more. Trademark = This protects aspects of a company’s brand, such as a name, logo, slogan, or symbol. Patent = This protects inventions, formulas, or material improvements on existing inventions or formulas. Trade…
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This Copyright Case is “Bananas”

This Copyright Case is “Bananas”

Copyright
Bill Gates once famously said that “Intellectual property has the shelf life of a banana.” While the truth of that quote is questionable at best, it seems appropriate in light of a copyright case currently in the 3rd U.S. Circuit Court of Appeals. The case is between two companies, claiming copyright infringement over a banana costume. The plaintiff, Silvertop Associates, claims that the defendant, Kangaroo Manufacturing, sold a banana costume that was too similar to their own banana costume. The defendant claimed the plaintiff’s costume had no distinctive marks (i.e., sunglasses or brown spots). Therefore, the defendant claimed the plaintiff could not copyright a design based on a fruit found in nature. The plaintiff maintains it had a specific design for its banana, which the defendant copied. While the above…
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