The Presumption Against Extraterritoriality’s Slow Decline In Patent Law

Stephen McBride and Elissa Sanford’s co-authored article “The Presumption Against Extraterritoriality’s Slow Decline in Patent Law,” was featured in AIPLA’s Quarterly Journal (48-3).

United States patent law has traditionally held a strong presumption against extraterritorial application. Over the years, this presumption has gradually waned in response to advances in technology and global integration. Not only has Congress periodically amended the infringement statute (35 U.S.C. §271) to reach scenarios that were once considered extraterritorial, but caselaw has also […]

By | December 3rd, 2020 ||

Intellectual Property 101: What Is It And Why Should You Protect It?

Intellectual property – we’ve all heard of it, but how exactly is it defined? And how does it apply to a business? Read on for a primer on all things intellectual property, including why it’s important for small businesses or companies on a budget, and how to strategically build an intellectual property portfolio.

Intellectual property refers to intangible creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images […]

By | December 18th, 2019 ||

Tenuous Common-Law Trademark Rights Inadequate To Sustain UDRP Complaint

A recent UDRP decision illustrates the challenges inherent in basing a UDRP claim on common-law trademark rights.

Complainant was a California-based company that filed for a U.S. federal trademark application for BLENDID, covering automated food and beverage preparation machines. The application was filed on an intent-to-use basis and published for opposition on December 11, 2018. Respondent was a U.K. resident which invested in domain names for development and sale. It registered the blendid.com domain on […]

By | December 17th, 2019 ||