NY Daily Record Since 1908

A trademark (or service mark) is a business asset akin to other forms of intellectual property (e.g., patents, copyrights) and tangible business assets. And, yes, it is true that, just like other tangible or intangible business assets, trademarks frequently are ...

What do barbeque sauce, wine and law firms have in common? Each frequently finds themselves at the center of legal disputes over the right to use and/or register one’s family name (or “surname”) as a trademark.[1] Indeed, our region is ...

Tagged with: Alana M. Fuierer IP Frontiers

The surge of user-generated e-commerce and social media platforms has provided individuals—regardless of location, experience or financial status—the power to become a commercial artist, author, designer, musician or photographer. For emerging entrepreneurs, traditional barriers to entry have been removed by ...

Tagged with: Alana Fuierer IP Frontiers Shanna Sanders

Whether it’s a creative new accessory, trendy footwear, an elegant lamp, sleek coffee machine, or the appearance of a new phone, innovative design surrounds us. Given the significant time and money invested in innovative design, the potential economic and marketplace ...

  Copyright protection requires, among other things, that the original “work of authorship” be non-functional. Over 60 years ago, the U.S. Supreme Court decided Mazer v. Stein,[1]  a pivotal decision for protecting designers against knock-offs and copycats under the Copyright ...

Social media is the ultimate equalizer. It gives a voice and a platform to anyone willing to engage –Amy Jo Martin In recent years, social media have impacted virtually every area of our daily lives, including the legal landscape. Facebook, ...

Tagged with: Alana M. Fuierer IP Frontiers

In the United States, design patents protect the visual, ornamental appearance of an article of manufacture or product. Historically, this effective exclusionary right has been underutilized. To obtain a patent for a new design, the non-functional ornamental features of a ...

Tagged with: Apple IP Frontiers

You are incorporating a business for one of your clients and have several corporate names rejected by NY State Department of State because they are “indistinguishable” from a pre-existing corporate name. Eventually, you get one through. Success! Your client then ...

Tagged with: IP Frontiers

What do “The Wonderful Wizard of Oz” by L. Frank Baum, “The Adventures of Sherlock Holmes” by Arthur Conan Doyle, and the song “Happy Birthday” have in common? According to many, the answer is: All three, published before 1923, are ...

Tagged with: IP Frontiers

Compliance with the statutory requirements for patent marking, although often overlooked, is critical to every company that holds one or more patents for its products. Why mark products? Under §287 of the patent laws, damages can only be recovered from ...

Tagged with: IP Frontiers

A little over a year has gone by since the new patent reform legislation known as the America Invents Act was passed. Although the most dramatic changes to the U.S. patent system do not take place for yet another 6 months ...

Tagged with: IP Frontiers

Chances are you’ve either read or heard news and commentary about the new patent reform known as the America Invents Act (AIA) over the past few weeks. The AIA “constitutes the most significant overhaul of the American patent system in decades,” according to the U.S. Patent and Trademark Office.

Tagged with: IP Frontiers