I. Trade Dress May Be Better Than the Rest Fights over trade dress are legendary, costly, and complicated, but  sometimes very necessary. The entire point of the product's trade "dress" is to identify its source, i.e., the manufacturer, etc., in the eyes of the public. In this way, an excellent distinctive product may establish an outstanding reputation for the business.  Under the law, the subject "trade dress" must be: 1) used in commerce; 2) [...]

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 [...]

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 [...]