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The intersection of trademark law and the First Amendment remains one of the most complex battlegrounds in intellectual property. A recent ruling in the dispute between the surf and lifestyle brand Lost International and Lady Gaga provides a critical look at how courts are navigating trademark conflicts involving expressive works in a post-Jack Daniel’s landscape. 

In December, a federal court denied Lost International’s motion for a preliminary injunction, allowing Lady Gaga to continue using the mark “Mayhem” for her 2025 album, worldwide concert tour, and tour merchandise.Continue Reading Why Lady Gaga Prevailed in the “Mayhem” Trademark Dispute

The Most Overlooked Mistake That Can Kill Your Company Before It Starts

Most founders assume their company owns what it builds. It doesn’t, at least not automatically.

Under U.S. law, the person who creates intellectual property owns it unless they’ve assigned it in writing. That means your company may not own its core code, designs, or brand even if you paid for them.

I’ve seen financings delayed, acquisitions fall apart, and founders lose control of their own products because they never secured clear IP ownership. It’s the single most common, and most avoidable, legal mistake in early-stage companies.Continue Reading Who Really Owns Your Startup’s IP?

In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.”  

As way …

Join Josh Escovedo and Jessica Corpuz in this one-hour webinar about Intellectual Property Law and will specifically address The Consolidated Appropriations Act of 2021.

Program Summary:
The Consolidated Appropriations Act of 2021—arising from the December 2020 stimulus bill—made significant changes to intellectual property law, unbeknownst to many practitioners. This webinar will focus on the changes…

The Leahy-Smith America Invents Act (“AIA”) provided for trials before the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) in inter partes reviews, post-grant reviews, the transitional program for covered business method patents, and derivation proceedings.  While patent agents are registered to practice before the USPTO, they are…