Declaratory Judgment Act The Declaratory Judgment Act provides that in a case of actual controversy within its jurisdiction, any court of the United States may declare the rights of any interested party seeking such a declaration, regardless of whether or not further relief is or could be sought. A defendant’s patent attorney that files a motion to dismiss under Fed. R. Civ. P. 12(b)(1) tests the subject matter jurisdiction of the court to determine […]
When individuals start a new business, they try to save costs by filing their trademark applications themselves and without the assistance of trademark counsel. In 100% of the cases I have reviewed where the trademark applicant does not hire a trademark attorney, the trademark applicant makes a fatal flaw. I am contacted almost daily by individuals who […]
Who isn’t familiar with a t-shirt cannon and the advantages that it provides? Before the t-shirt cannon, a cheerleader would hurl a t-shirt as far into the stands as she could. However, even the strongest cheerleader had limited distance and accuracy, with many shirts traveling just a few rows up. Then came the t-shirt cannon. By modifying a paintball gun, cheerleaders can now launch shirts up to 500 feet into the stands. Inventors in Florida appear to be busy developing modifications to the well known t-shirt cannon. In one particular example, a company modified the t-shirt cannon for delivering a life preserver. The mechanics appear to be very similar to that of the well known t-shirt cannon. However, it has some interesting new features. For example, […]
Extending Your IP Monopoly Forever The way the laws are setup today, many businesses can effectively extend their rights in a design forever. Patents laws were put in place to promote the disclosure of innovation. There is also a competing theory that patent laws are in place to reward individuals for their commercial contributions to society. In comparison, trademarks are […]
Myth of the Poor Man’s Patent With the frequency that potential clients ask me about the “Poor Man’s Patent”, I’m surprised that the “Myth of the Poor Man’s Patent” hasn’t been featured on Myth Busters. The Myth goes like this: to prove that you created an invention, you should write down your idea and mail it to yourself. The date stamp on the envelope will […]
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