By: Joseph T. Schuler, Esq. When reference, comparison, resale, criticism, parody, and functionality keep trademark use outside the Lanham Act’s reach. A trademark registration is not a deed to a word. It does not let the owner cordon off a term, a product reference, a place name, or a cultural association and charge admission. The…
By: Thomas L. Sica, Esq. In March 2026, the U.S. Supreme Court denied a petition for certiorari in the appeal of Zioness Movement, Inc. v. The Lawfare Project, Inc., decided by the Second Circuit Court of Appeals on August 13, 2025. The petition sought to bring Supreme Court guidance regarding an uncommon issue: involuntary co-ownership of…
By: Katelin J. Schaub First, why should you file for a trademark? The Lanham Act created a national system for trademark registration. Federal trademark registration with the United States Patent and Trademark Office (USPTO) has several benefits including: public registration of your mark in the USPTO databases providing public notice to other, and legal presumption…
By: Christina E. Brule, Ph.D., Esq. Have you invented a new and useful product? Consider protecting it by applying for a patent application or keeping it a trade secret. Are you starting a business and building a brand? Consider protecting your brand with a trademark. Do you create art for yourself and/or others? Consider copyright…
By: Erica M. Hines, Esq. In April 2026, the U.S. Patent and Trademark Office (USPTO) introduced a new pilot program, the PCT Informed Examination Request (PIER) Pilot Program. Unlike most pilot programs, though, PIER is not voluntary, and can significantly affect the term of patents issuing from applications selected for participation in the program. Pilot…
By: Stephen P Scuderi, Esq. Bottle of Jack Daniels Bad Spaniels Squeaky Toy Jack Daniel’s iconic bottle design is an example of a famous trade dress, which is registered as a trademark. A trademark is a type of intellectual property that includes a logo, symbol, phrase, word, name, or design that is used to…
(Albany) – Heslin Rothenberg Farley & Mesiti P.C. is pleased to announce that partner Susan E. Farley was awarded the 2026 Linn Inn Alliance Distinguished Service Medal at the Linn Alliance Reception in New York City on March 27, 2026. The award recognizes individuals who have demonstrated exceptional dedication and long-standing service to the mission…
By: Alana M. Fuierer, Esq. Businesses often file federal trademark applications early—sometimes before a legal entity even exists. Later, businesses may assign intellectual property (IP), including registered trademarks, to an individual owner or a corporate affiliate for restructuring or other strategic reasons. These decisions may seem administrative, but they can carry significant consequences if ownership…
By: Teige P. Sheehan, Esq., Ph.D. A recent decision issued by the Federal Circuit Court of Appeals serves as a reminder to inventors to describe specific examples of their inventions in patent applications, not just broad descriptions of expansive categories that could theoretically cover the full invention’s scope but without guidance to embodiments they would…
By: Joseph T. Schuler, Esq. Intellectual property is often thought of as something held by big conglomerates, but it has become increasingly common for individuals to hold intellectual property rights including patents, trademarks, copyrights, or even trade secrets. With the Baby Boomers and Silent Generation expected to pass on significant wealth in the coming decades,…