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…
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: Katelin J. Schaub Typo squatting and cybersquatting are different versions of domain squatting. Cybersquatting is the practice of registering a domain name that contains, or is confusingly similar to a registered trademark, to benefit from the goodwill of the brand. Typo squatting is the practice of registering a domain name that looks like the…
By: Stephen P. Scuderi, Esq. Overview The Patent Eligibility Restoration Act (PERA), introduced as bill S1546 in the U.S. Sente, represents a major legislative effort to rectify the harm caused by a series of Supreme Court decisions which dramatically narrowed the scope of what inventions were patentable in the United States. (see Bill S1546, May…
By: Claire E. Reynolds-Peterson, Ph.D. & Teige P. Sheehan, Esq., Ph.D. A recent jury trial signals a possible important turning point in trademark holders’ ability to police others’ use of their marks even if such use is not necessarily use “as a trademark” per se. The Federal District Court for the Middle District of Pennsylvania…