Jonathan   Wachs
Principal

Contact

Phone: 301.575.0302
Fax: 301.575.0335
Mailing: 8171 Maple Lawn Boulevard ,
Suite 200 , Maple Lawn , MD   20759
Linkedin: Jonathan Wachs

"My clients inspire me to work hard. I cherish the trust they place in my efforts and I know they are counting on me for timely, practical and cost-effective guidance. I am motivated by the examples they set on issues such as team building, risk taking, perseverance and dedication to excellence."

-Jonathan Wachs

PRACTICE FOCUS

Jonathan Wachs provides strategic counseling and operational advice to clients in the areas of intellectual property, commercial transactions and outsourced legal departments. As head of the firm's Intellectual Property Group, Mr. Wachs works closely with clients to develop, register, analyze, enforce, and transfer intellectual property assets in a customized, cost-efficient, and highly effective manner. Additionally, he conducts intellectual property audits through which clients learn the nature and value of their intellectual property assets and the steps needed to protect such assets from misappropriation or dilution. As a business lawyer, he has successfully negotiated and completed several multimillion dollar business transactions and has served as general counsel to several small and midsize businesses and organizations in various industries and professions. He also manages a blog about intellectual property issues, Friday Factoids. Mr. Wachs co-manages New Paradigm Counsel, a service through which Offit Kurman delivers customized, comprehensive and cost-effective outsourced legal departments. Through New Paradigm Counsel, Jon served as outsourced general counsel for a government contractor, a large printing business, a payment processing company and an identity theft restoration business.

Points of Distinction

Mr. Wachs has developed and managed numerous intellectual property portfolios, expeditiously and successfully resolved business disputes, and negotiated hundreds of business agreements. He has structured, negotiated, and documented transactions regarding the formation, restructuring, sale, and termination of small, midsize, and large business entities (partnerships, corporations and limited liability entities) and the acquisition, financing and transfer of business assets. He has also negotiated and effectuated sales and leases of raw land, residences, commercial property, and condominium units. Mr. Wachs has served various and diverse clients including internet companies, manufacturers, suppliers, retailers, consultants, restaurants, real estate developers, and medical practices. He has also drafted numerous agreements to license, sell, and/or pledge intellectual property assets in industries including software development, entertainment, textiles, and pest control. Mr. Wachs represented several manufacturers in obtaining substantial trademark and copyright infringement settlements from national and international businesses. He has negotiated, documented and implemented various corporate transactions including a multifaceted, multiparty transaction involving a client's acquisition of an $80,000,000 business division.

Activities

Jon also organizes and facilitates two affinity groups for owners and executives of emerging companies in the Baltimore-Washington region.  One group is comprised of owners of food and beverage businesses and the second group is comprised of entrepreneurs following the medical cannabis industry in Maryland.

Mr. Wachs is the past president of the Board of Directors of Meals on Wheels of Central Maryland Inc. He is a Mentor for the Towson University Incubator and an evaluator for the Maryland Industrial Partnership Program. Mr. Wachs is also actively involved in the University of Pennsylvania Alumni Interview Program. He also coordinates the Board of Advisors Network for the Maryland Chapter of the Exit Planning Exchange. Mr. Wachs previously served for many years as a director of and associate general counsel for the Jewish Federation of Reading, Pennsylvania and as a member of the board of directors of the Institute of the Arts in Wyomissing, Pennsylvania.

Speeches

Mr. Wachs delivered several seminars to clients, accountants, medical professionals, and the general public regarding subjects including the fundamentals of intellectual property, the Digital Millennium Copyright Act, and legal issues for startup businesses. He frequently writes on intellectual property news and issues. In 2014, he was featured in The Legal Intelligencer, for his article titled, "Canada's Anti-Spam Law Raises Questions for U.S. Companies". He also publishes a weekly blog on intellectual property issues, which is available at www.fridayfactoids.com.

Previous Work

Prior to joining Offit Kurman as an intellectual property attorney, Mr. Wachs worked as an antitrust lawyer at large law firms in Washington, D.C. and as a transactional business attorney in Wyomissing, Pennsylvania.

 

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Friday Factoid: Google Delists 1.75 Billion URLs

By Jon Wachs Esq. | November 24, 2016

Google’s Transparency Report lists the number of URLs it has deactivated due to copyright takedown requests. The current number of…

Friday Factoid: The World’s Most Famous Brands Series – Thanksgiving Edition

By Jon Wachs Esq. | November 17, 2016

          If you have any questions regarding the content of this communication, please contact Jonathan R.…

Friday Factoid: Divided High Court Likely to Review IP Cases

By Jon Wachs Esq. | November 10, 2016

While it is ideologically divided without a tie breaking vote, in its upcoming term the Supreme Court is likely to…

Why Use an Outsourced Legal Department? -Part 6

By Jon Wachs Esq. | November 9, 2016

Why should an organization consider using an outsourced legal department? This six-part series takes a look at some of the…

Friday Factoid: The World’s Most Famous Brands Series- Election Edition

By Jon Wachs Esq. | November 3, 2016

            If you have any questions regarding the content of this communication, please contact Jonathan…

Friday Factoid: World’s Greatest Brands Series- Halloween Edition

By Jon Wachs Esq. | October 27, 2016

            If you have any questions regarding the content of this communication, please contact Jonathan…

Friday Factoid: Trader Joe’s May Proceed Against Pirate Joe’s in Canada

By Jon Wachs Esq. | October 20, 2016

Normally, trademark owners in the U.S. cannot enforce the federal Lanham Act against parties that are using their registered marks…

Friday Factoid: Who Owns Houston?

By Jon Wachs Esq. | October 13, 2016

The University of Houston recently sued Houston College of Law (formerly known as South Texas College of Law) to prevent…

Friday Factoid: It’s a Race to the Trademark Office!

By Jon Wachs Esq. | October 6, 2016

In anticipation of a potential relocation of the NFL’s Raiders from Oakland, California to Las Vegas, Nevada, the Raiders and…

Friday Factoid: Artificial Intelligence in Self-Driving Cars Is a Legal “Driver” Under Federal Law

By Jon Wachs Esq. | September 29, 2016

In response to an inquiry from Google, the U.S. National Highway Transportation and Safety Administration recently determined that the artificial…

Education & Admissions

  • J.D., Washington College of Law, The American University, 1995
  • B.A. (with Departmental Honors), The University of Pennsylvania, 1991
  • Maryland
  • Pennsylvania
  • District of Columbia
  • Connecticut

Activities

  • Mentor for the Towson University Incubator
  • University of Pennsylvania Alumni Interview Program
  • Board of Advisors Network for the Maryland Chapter of the Exit Planning Exchange
  • Past President of Board of Directors of Meals on Wheels of Central Maryland Inc.

Posts

"Friday Factoid: Google Delists 1.75 Billion URLs"

Google’s Transparency Report lists the number of URLs it has deactivated due to copyright takedown requests. The current number of…

"Friday Factoid: The World’s Most Famous Brands Series – Thanksgiving Edition"

          If you have any questions regarding the content of this communication, please contact Jonathan R.…

"Friday Factoid: Divided High Court Likely to Review IP Cases"

While it is ideologically divided without a tie breaking vote, in its upcoming term the Supreme Court is likely to…

View All
"Why Use an Outsourced Legal Department? -Part 6"

Why should an organization consider using an outsourced legal department? This six-part series takes a look at some of the…

"Friday Factoid: The World’s Most Famous Brands Series- Election Edition"

            If you have any questions regarding the content of this communication, please contact Jonathan…

"Friday Factoid: World’s Greatest Brands Series- Halloween Edition"

            If you have any questions regarding the content of this communication, please contact Jonathan…

"Friday Factoid: Trader Joe’s May Proceed Against Pirate Joe’s in Canada"

Normally, trademark owners in the U.S. cannot enforce the federal Lanham Act against parties that are using their registered marks…

"Friday Factoid: Who Owns Houston?"

The University of Houston recently sued Houston College of Law (formerly known as South Texas College of Law) to prevent…

"Friday Factoid: It’s a Race to the Trademark Office!"

In anticipation of a potential relocation of the NFL’s Raiders from Oakland, California to Las Vegas, Nevada, the Raiders and…

"Friday Factoid: Artificial Intelligence in Self-Driving Cars Is a Legal “Driver” Under Federal Law"

In response to an inquiry from Google, the U.S. National Highway Transportation and Safety Administration recently determined that the artificial…

"Friday Factoid: Panera Wins Order Over Papa John’s In Trade Secret Fight"

A federal judge recently issued a temporary restraining order to bar a former Panera’s executive from working at Papa John’s.…

"Friday Factoid: Google Visitor Center at Yellowstone National Park – Coming Soon?"

In March 2016, the Director of the U.S. National Park System proposed an Order which, if adopted, will allow corporate…

"Friday Factoid: Colbert Strikes Back!"

Stephen Colbert is well known for portraying a clueless, self-obsessed newscaster (also named Stephen Colbert) on Comedy Central’s former talk…

"Friday Factoid: World’s Greatest Brands Series- September Edition"

            If you have any questions regarding the content of this communication, please contact Jonathan…

"Friday Factoid: Dick’s Sporting Goods Purchases Sports Authority IP for $15MM"

In a recent Chapter 11 bankruptcy auction sale, Dick’s Sporting Goods purchased most of Sports Authority’s intellectual property assets. For…

"Friday Factoid: Happy Birthday Song in the Public Domain"

In the wake of the recent $14 million settlement which placed the Happy Birthday song in the public domain, law…

"Why Use an Outsourced Legal Department? -Part 5"

Click here for Part 1, Part 2, Part 3, Part 4   Why should an organization consider using an outsourced…

"Friday Factoid: USPTO Provides Fast Track Status for Cancer Treatment-Related Applications"

In July 2016 the USPTO launched its Patents for Patients program, which provides a fast-track review of cancer treatment-related patent…

"Friday Factoid: I Will NOT Always Love the IRS"

The Internal Revenue Service recently determined that the Estate of Whitney Houston understated the value of the deceased singer’s record…

"Friday Factoid: Increased Criticism for YouTube"

Under the Digital Millennium Copyright Act of 1998 (“DMCA”), websites like YouTube are exempt from copyright infringement liability if they…

"Friday Factoid: Don’t Forget About Trade Dress!"

One can protect elements of a product that constitute “trade dress.” Trade dress refers to distinguishing and non-functional elements that…

"Friday Factoid: Think Globally in Selecting A Brand"

In creating brands for products to be sold or promoted in multiple countries, companies should consider the meanings of names…

"Why Use an Outsourced Legal Department? -Part 4"

Click here for Part 1, Part 2, Part 3 Why should an organization consider using an outsourced legal department? This…

"Friday Factoid: Summer is a Time for Invention"

Summer-related patents issued by the USPTO include a beach umbrella with a built-in radio, a proprietary composition for waterproof sunscreen,…

"Friday Factoid: White House Concerned About Use of Non-Competes"

On May 5, 2016, the White House released a report analyzing the use of non-competition agreements across the country.  At…

"Friday Factoid: Is Prince’s Estate Worth that of a King or a Pauper?"

Representatives for the recently deceased pop star Prince must assign a future value to the celebrity’s name, likeness and image.…

"Why Use an Outsourced Legal Department? – Part 3"

Click here for Part 1, Part 2 Why should an organization consider using an outsourced legal department? This six-part series…

"Friday Factoid: Top Ranked IP Law Programs Revealed"

According to U.S. News and World Report, in 2016 the top five law school programs in the U.S. for intellectual…

"Friday Factoid: USPTO Refuses to Register Mark for Serial Podcast"

In most cases, the USPTO will not register a mark on its Principal Register if it determines the mark is…

"Why Use an Outsourced Legal Department? – Part 2"

Click here for Part 1 Why should an organization consider using an outsourced legal department? This six-part series takes a…

"Friday Factoid: Preakness Is Well Protected"

Providers of goods and services often register marks not only in connection with their core offering, but also in connection…

"Friday Factoid: “Zombie Trademarks” Can Come Back to Life"

Trademarks become unenforceable if the owner ceases to use the mark for a significant continuous period of time (three years…

"Friday Factoid: Senate Unanimously Approves Trade Secrets Bill"

In April 2016, the U.S. Senate unanimously approved legislation to give companies the ability to sue in federal court for…

"IP Alert: The DTSA Is Poised to Change Trade Secret Protection as We Know It"

On April 27th, 2016, Congress passed the Defend Trade Secrets Act of 2016 (DTSA). President Obama, who supports the bill,…

"Friday Factoid: McCartney Files to Reclaim Rights to Songs"

For songs written before 1978, the U.S. Copyright Act provides songwriters with the ability to recapture the publishers’ rights to…

"Friday Factoid: “Making Available” Right Explained Under U.S. Law"

Two treaties from the World Intellectual Property Organization require member states to recognize a copyright holders’ exclusive right to “make…

"Friday Factoid: Copyright Act Takes Priority Over Right of Publicity Claims"

The U.S. Court of Appeals for the Eighth Circuit recently rejected an appeal of three former NFL players, who claimed…

"Friday Factoid: The Legacy of the King of Pop"

Intellectual property created by a person during his or her lifetime can be protected and generate money long after the…

"Friday Factoid: Big Changes Proposed for U.S. Copyright Law"

The U.S. Department of Commerce recently issued recommendations for amendments to U.S. Copyright law.  The recommendations call for providing courts…

"Friday Factoid: Groupon Reveals Proprietary Consumer Deals"

Groupon created a highly unique and proprietary set of offerings that consumers can buy only in early April.  Such items…

"Friday Factoid: Easter is a Time for Inventors"

Easter-related patents issued by the USPTO include: (1) an Easter-themed garage door display; (2) a rotating egg coloring device; and…

"Friday Factoid: Are Tattoos Copyrightable?"

A video game maker depicted tattoos from NBA stars LeBron James and Kobe Bryant in its NBA 2K16 game. A…

"Friday Factoid: Wearable Tech Patent Wars Continue"

Through its MapMyFitness app, Under Armour offers technology that allows users to map, record, display and share their workout data.…

"Friday Factoid: Why It’s Called “The Big Game”"

The USPTO registered MARCH MADNESS for the NCAA, SUPER BOWL for the NFL and STANLEY CUP for the NHL. The…

"Friday Factoid: Did Caesar “Invent” Leap Day?"

The Roman dictator Julius Caesar is credited as being the first leader to adopt the current leap year system. The…

"Friday Factoid: Hello Barbie, Goodbye Privacy"

The Children’s Online Privacy Protection Act (COPPA) prevents the online collection of information provided by children under the age of…

"Friday Factoid: Who’s on First? Claim Misses First Base"

A play now on Broadway (Hand of God) includes a scene in which a sock puppet performs an excerpt from…

"Friday Factoid: Large Increase in Patent Litigation in 2015"

According to UnifiedPatents’ 2015 Patent Dispute Report, there were 5,769 new patent suits filed in federal district courts in 2015,…

"Friday Factoid: Trump Owns NYC-Related Marks"

Presidential candidate Donald Trump owns USPTO registrations for the term CENTRAL PARK as used in connection with various household goods…

"Friday Factoid: Various Patent Offices Launch Harmonization Initiative"

In November 2015 the USPTO and its counterparts in Europe, China, Korea and Japan launched Global Dossier. Global Dossier is…

"IP Alert: Registering an Offensive Term as a Federal Mark May Be a Constitutional Right"

Late last month, the Court of Appeals for the Federal Circuit ruled that Section 2(a) of the Lanham Act, which…

"Friday Factoid: YouTube To Defend Users in Support of Fair Use Doctrine"

Under the Digital Millennium Copyright Act, copyright owners can demand that websites such as YouTube remove postings of videos that…

"Friday Factoid: Hamster Toy Leads to $5 Million Dollar Right of Publicity Suit"

Public figures may sue others who misappropriate their name and likeness for commercial gain. Fox News anchor Harris Faulkner recently…

"Friday Factoid: More Legal Troubles for FanDuel and DraftKings"

Since October 2015, there have been more than 25 federal lawsuits filed against FanDuel and DraftKings, the online fantasy football…

"Friday Factoid: Does Superman Smoke E-Cigarettes?"

The owner of a registered mark may pursue a trademark infringement claim if another party uses the mark in a…

"Friday Factoid: When is It Better to Be Arbitrary?"

Some registered trademarks are entitled to a wider scope of protection than others. An arbitrary mark (when a word is…

"Friday Factoid: Baltimore Jury Awards Millions in Hybrid Technology Patent Suit"

In a recent patent infringement suit, a Baltimore jury awarded $28,915,600 against Hyundai and Kia in favor of Paice LLC…

"Friday Factoid: Who Controls the Passcodes for Work-Issued Smartphones?"

A federal judge recently ruled two credit card company employees were not required to divulge the passcodes to smartphones that…

"Helpful Tips: Running Effective Advisory Board Meetings"

To whom do you turn for advice about running your business? How many people have knowledge of your most critical…

"Friday Factoid: New Test for Copyrightability of Fictional Characters"

In a recent federal appellate case, the court determined that a unique character in a comic book, TV program or…

"Protect Your Company Name"

This article was featured in i95 Business. Click here see the article on i95 Business. Q: I registered the name of…

"Friday Factoid: Tokyo Olympics Logo Scrapped Due to IP Claim"

Organizers for the 2020 Olympics in Tokyo abandoned the official logo for the games due to allegations that the approved…

"Friday Factoid: White House Seeks Public Comments for a 2016-2019 Plan on IP Enforcement"

The White House recently requested public input to develop its 2016-2019 Joint Strategic Plan on Intellectual Property Enforcement. In demonstrating…

"An Overview of the Benefits of Benefit Corporations"

Last month, Kickstarter announced it had dropped its designation as “Kickstarter Inc.” to reform as a PBC: public benefit corporation.…

"Friday Factoid: Change to Procedure for Enforcing Copyrights Online"

A federal Court of Appeals recently held that a copyright holder must first consider whether a posting based on its…

"Why Use an Outsourced Legal Department?"

For organizations around the world, outsourcing various functions and departments has become an ordinary part of doing business. Legal services…

"Friday Factoid: Sandwich Ingredient List is Not Copyrightable"

Decades after a fast food restaurant worker created a popular chicken sandwich for Church’s Chicken, the employee filed a $10…

"Friday Factoid: What Does “W” Mean to You?"

Marks consisting of a single letter are difficult to protect. The Washington Nationals and the Chicago Cubs (each of which…

"Friday Factoid: No Expectation of Privacy for “Butt Dial” Phone Call"

A federal appellate court recently ruled a man held no expectation of privacy in a recorded conversation captured by his…

"Friday Factoid: Rights to “Happy Birthday” Song May Be in the Public Domain"

A division of Warner Music Group Corp. is still collecting copyright royalties on public uses of the Happy Birthday song.…

"Helpful Tips: Should You Create an Advisory Board?"

When was the last time a piece of advice transformed you or your business? Did that advice come from someone…

"Friday Factoid: Who owns the “12th Man” Mark?"

Football fans commonly associate the 12th MAN mark with the Seattle Seahawks, but Texas A&M University owns several federal registrations…

"Helpful Tips: Selecting the Best Advisory Board Members"

To whom do you turn for advice about running your business? How many people have knowledge of your most critical…

"Friday Factoid: High Schools Must Carefully Select Team Names and Logos"

Many college football teams have registered their team names and logos with the USPTO and regularly challenge the use of…

"Friday Factoid: Federal Court Orders Cancellation of REDSKINS Registrations"

A federal judge recently ordered the USPTO to schedule the cancellation of six Washington Redskins’ marks, on the ground that…

"Friday Factoid: Supreme Court Maintains Ban on Collecting Royalties for Expired Patents"

On June 22, 2015, the U.S. Supreme Court, in a ruling on a dispute relating to a Spider-Man toy, reaffirmed…

"Friday Factoid: MLB Team Under Investigation for Trade Secret Theft"

Federal law enforcement authorities are now investigating whether the St. Louis Cardinals stole highly valuable and competitive trade secrets by…

"Friday Factoid: Vacation Photos May Be Used More Often Than You Think"

With respect to summer vacation photos you post on Facebook, Facebook enjoys a broad license to repost, share and use…

"Friday Factoid: Number of Patent Lawsuits Declined for the First Time in 5 Years"

According to a May 2015 Patent Litigation Study released by PriceWaterhouse Coopers, in 2014 the number of filed patent lawsuits…

"Friday Factoid: Hashtags Sometimes Function As a Mark"

The USPTO in some cases will register a mark that includes a hashtag. A hashtag is a character string preceded…

"Friday Factoid: The Book That Keeps on Earning"

Harper Lee, author of the newly released novel, Go Set A Watchman, still earns approximately $3 million per year from…

"Friday Factoid: Creative Ice Cream Flavors – Yummy or Yucky?"

Ice cream shops across the country display their inventive spirit by introducing new ice cream flavors during the summer. Some…

"Friday Factoid: Annual Holiday To Celebrate Intellectual Property"

On April 26 of each year, World Intellectual Property Day is observed across the globe with events and activities designed…

"Friday Factoid: Chewing Gum Marks Celebrate 100th Anniversary"

For a mark registered with the USPTO, if the owner continues to use the mark in interstate U.S. commerce and…

"Friday Factoid: Google Announces Patent Purchase Program"

Google recently announced plans to conduct a temporary patent purchase program under which owners of U.S. patents could list patents…

"Friday Factoid: Father’s Day-Related Design Patent"

Patents issued by the USPTO may protect a product’s design instead of its functionality. The USPTO previously issued a design…

"Friday Factoid: Does Copyright Law Protect A Sequence of Exercise Poses?"

Yoga guru Bikram Choudhury and his company recently asked a federal appellate court to revive copyright claims previously filed against…

"Crucial Moments in Life to Talk to an Intellectual Property Lawyer"

Whether you want to patent a new invention or keep your trade secrets secret, Intellectual Property (IP) law is the…

"Friday Factoid: USPTO Has Issued Several Patents Relating to Swimming Pools"

The USPTO has issued patents for several swimming pool-related inventions, including a specialized pool frame for water sports, a portable…

"Friday Factoid: Vietnam Veterans Memorial Designed by a 21 Year Old"

In 1981, Maya Lin, at age 21 and while an undergraduate at Yale, won a national public competition for the…

"Friday Factoid: Executive Order Issued to Enable Cybersecurity Sanctions"

On April 1, 2015, President Obama issued an executive order that enables the Secretary of the Treasury (in consultation with…

"Friday Factoid: Wal-Mart Challenges Converse’s Chuck Claims"

In October 2014, Converse (a Nike company) filed suit with the International Trade Commission (ITC) against more than 30 companies…

"IP Alert: Facebook’s New Digital Inheritance Policy"

Earlier this year, Facebook introduced a policy that allows users to specify who will inherit their account information after they…

"Friday Factoid: Predatory Pricing .Sucks"

Registrars for newly created generic top level domain names (gTLDs) must provide a “sunrise period” during which owners of registered…

"Friday Factoid: Judge Rules Dentist Abused Copyright Laws to Censor Yelp Reviews"

A federal judge held that a New York dentist misused copyright laws to prevent patients from submitting negative reviews of…

"Friday Factoid: Photographer Sues Nike Over Use of Iconic Michael Jordan Image"

On January 22, 2015, a photographer named Jacobus Rentmeester sued Nike, Inc. for copyright infringement. Rentmeester took the iconic picture…

"IP Alert: .sucks and Other New gTLDs May Seriously Cost Brand Owners"

Why would a trademark holder spend thousands of dollars to register a website address suggesting that its brand sucks? To…

"Protect This House: Under Armour Will"

When it comes to intellectual property litigation, Under Armour, Inc. continues to live up to its commercial slogan – I WILL.…

"Friday Factoid: Court Orders Apple to Pay Half a Billion Dollars for Patent Infringement"

Apple Inc. was ordered to pay $532.9 million when a federal jury determined its iTunes software violates three patents held…

"Friday Factoid: Marshawn Lynch Applies to Register His Oft-Used Catchphrase"

One may file an “intent to use” application to seek the USPTO’s authorization to register a mark before the applicant…

"Friday Factoid: What’s in a Name? Millions!!!"

In many cases, the value of a work of authorship can skyrocket if the work is attributed to a famous…

"Friday Factoid: Sam Smith to Pay Royalties For Similarities between Songs"

Singer and songwriter Tom Petty and Jeff Lynne, co-writers of the 1989 hit song I Won’t Back Down recently reached…

"Grow Your Company Through Outsourced Business Departments"

Need to grow your business quickly? Learn to let go. Outsourcing, once solely considered the purview of IT professionals, has…

"Friday Factoid: How to Search for and Find Shamrock Images Registered with the USPTO"

The USPTO assigns design search codes to recognizable images that appear in each application to register a stylized mark. By…

"A Conversation With Jess Gartner, CEO & Founder Allovue"

Optimizing the impact of spending on outcomes in education Jess Gartner is the CEO and founder of Allovue, an education resource…

"Friday Factoid: Katy Perry Claims Copyright in Design for “Left Shark” Costume"

Days after this year’s Super Bowl, Fernando Sosa, a Florida-based product designer began selling online a pattern to print a…

"Friday Factoid: Ex-Hedge Fund Analyst Receives Three Year Prison Sentence for Stealing Software Code"

In January 2015, former Citadel computer engineer Yihao “Ben” Pu was sentenced to three years in prison for stealing trade…

"Friday Factoid: USPTO Issues Most Patents to IBM for 22 Consecutive Years"

The companies that registered the most patents with the USPTO in 2014 were (1) IBM; (2) Samsung; (3) Canon; (4)…

"Friday Factoid: Patent for Matchmaking Software"

In 2004, the USPTO issued a patent (owned by E-Harmony.com) for an invention that matches people via electronic survey with…

"Friday Factoid: USPTO Lists Companies That Have Registered the Most Marks"

The applicants who registered the most marks with the USPTO in FY 2013 are: (1) Mattel (346 registrations); (2) LG…

"Friday Factoid: Lawsuit Filed Regarding Use of General Patton’s Name and Image in a Video Game"

The claimed owner of George Patton’s rights of publicity recently sued a video game manufacturer for using Patton’s name, likeness…

"Friday Factoid: Snow Blower Patent Approaches its 90th Birthday"

In 1925, the USPTO issued to Robert E. Cole a patent for a snowplow that used cutters and a fan…

"Friday Factoid: European Court Confirms Shape of Rubik’s Cube May Remain A Registered Mark"

The shape of a product may be registered as a trademark, but not if such shape serves a functional purpose.…

"Friday Factoid: Taylor Swift Tops the 2013 Earnings List for Musicians"

Successful musicians make millions of dollars through sales of concert tickets, CDs, digital downloads, endorsements, ring tones and other recordings.…

"Friday Factoid: January 1st Marks “Public Domain Day”"

On January 1st of each year “Public Domain Day” celebrates the day on which additional works of authorship become part…

"Friday Factoid: ICANN Receives Millions in Auctions for New Web Domains"

Under the procedures for creating a new global top level domain (“gTLD”) such as .luxury or .lawyer, if two companies…

"Friday Factoid: Washington Redskins May Sue Native Americans"

A federal judge recently ruled the Washington Redskins may sue a group of Native Americans that asked the USPTO to…

"CEO Interview with with JM Schapiro, CEO, Continental Realty Corporation"

Leading by Example By the time JM Schapiro graduated from The Park School in Baltimore, Maryland, the principal, teachers, and his parents were…

"Friday Factoid: Social Media Websites Receive High Marks For Processing Copyright and Trademark Infringement Claims"

The Electronic Frontier Foundation recently published a report identifying steps that certain social media websites should take in response to…

"Friday Factoid: A Thanksgiving Day Patent to Remember"

In 1999, the USPTO issued to Rodney Barbour of Brandon, Mississippi a patent for a device to deep fry turkeys.…

"Friday Factoid: Donald Trump Seeks to Have his Name Removed from Failing Trump Casinos"

Donald Trump and his daughter filed a legal action against Trump Entertainment (which they no longer own) to have the…

"Friday Factoid: Voting Machines are Patent Protected"

Voting machines that received patent protection from the USPTO include: (1) a machine that pulls a curtain around the voter…

"Friday Factoid: Halloween Candy Trademarks Include More than Candy Packaging"

Halloween candy trademarks are not limited to the words on the candy packaging. Non-traditional candy trademarks registered with the USPTO…

"Friday Factoid: Patent Board Agrees to Review Validity of Molded Shoe Patents"

In September 2014 the Patent Trial and Appeal Board of the USPTO granted a request by Crocs Inc. (the footwear…

"Friday Factoid: Heigl and Duane Reade Settle Lawsuit Regarding Use of Photo"

Actress Katherine Heigl recently settled a lawsuit she filed against retailer Duane Reade Inc. regarding the company’s post on both…

"Friday Factoid: Google Books Held to be Protected Under Fair Use Doctrine"

One may lawfully use or publish excerpts of another’s copyright protected work, if such use falls within definition of “fair…

"Canada’s Anti-Spam Law Raises Questions For U.S. Companies"

This article first appeared in The Legal Intelligencer on October 7, 2014. Matthew Lurie contributed to this article. Email communications are a pervasive…

"Friday Factoid: Who Owns the Copyright When a Monkey Takes Its Own Picture?"

Human creativity is required to create a copyright protected image. This concept was recently tested by wildlife photographer David Slater.…

"Friday Factoid: Key Ruling Regarding Compensation For The Names, Images and Likenesses of NCAA Athletes"

On August 8, 2014, a federal judge in California ruled the NCAA’s rules prohibiting athletes from being paid for use…

"Friday Factoid: Duke University files Trademark Opposition to DUKE beverages from the Estate of John Wayne"

When the USPTO intends to register a trademark, it publishes such intent in a public notice.  For 30 days after…

"Friday Factoid: Trademark Infringement and The Electronic Cigarette"

In 2013, the electronic cigarette industry reached nearly $2 billion in sales.  Several makers of liquid nicotine used in electronic…

"Friday Factoid: Tesla Motors Allows Others To Use Their Patented Inventions"

Tesla Motors recently announced it will allow others to use all of its patented inventions in a open source inspired…

"Friday Factoid: Washington Redskins Trademarks Canceled"

On June 18, 2014, the Trademark Trial and Appeal Board, an administrative tribunal within the USPTO, ruled that the registered…

"A Conversation with Michael Spinosa, CEO, Unleashed Technologies"

Unleash the WostingSM! One Platform To Rule Them All! These galvanizing catch phrases bring to life what Michael Spinosa, CEO of Unleashed Technologies is passionate…

"Friday Factoid: Lawsuit filed for Stairway to Heaven"

On May 31, 2014, the Trustee for the Estate of Randy Craig Wolfe (the lead singer for the rock group…

"IP Alert: Canada’s New Anti-Spam Law Impacts U.S. Businesses"

Canada’s Anti-Spam Legislation (CASL) came into effect on July 1st. U.S. business owners should take action to comply with the…

"Friday Factoid: USPTO Registration for “LIGHTS OUT”"

On April 13, 2014, former San Diego Chargers linebacker Shawne Merriman sued Nike for trademark infringement relating to Nike’s use…

"A Conversation with Nicolas China, Owner & Managing Partner, Pixilated Photobooth"

Pixilated Photobooth has taken the photo booth experience out of the box … literally. Nic China is the owner and managing partner…

"Friday Factoids: Patents for Inventions With an Uncertain Market Demand"

The USPTO regularly issues patents to inventors who create products for which there is an uncertain market demand. For example,…

"Friday Factoid: The Invention of the Frisbee®"

In 1938, Walter Frederick Morrisson (inventor of the flying plastic disc now known as the Frisbee®) quickly realized an opportunity to…

"Friday Factoid: International Copyright Treaties and Conventions"

Although there is no form of single copyright registration that will automatically protect an author’s writings globally, most countries offer…

"Friday Factoid: Founding Fathers"

Several of our nation’s Founding Fathers were also well-recognized inventors. Some of their inventions include a 16 sided threshing barn…

"Friday Factoid: Keds, LLC Files a Federal Lawsuit"

A federal lawsuit filed on May 8, 2014 by Keds, LLC claims that many shoes made by competing shoe manufacturer…

"Friday Factoid 5.30.14"

Music production companies and movie studios recently sued Megaupload and its key operators on claims Megaupload facilitated and promoted access…

"Friday Factoid: Owners Rights in the James Bond Franchise"

On April 3, 2014 Metro-Goldwyn-Mayer Inc. and other owners of rights in the James Bond franchise filed a copyright infringement claim against…

"Friday Factoid: Percentage of USPTO-Issued to Female Inventors Doubles"

From 1990 to 2010, the percentage of USPTO-issued patents that name a women as one of the inventors doubled. In…

"Friday Factoid: ICANN Introduces New Top-Level Domains"

The Internet Corporation for Assigned Names and Numbers (ICANN) recently began authorizing or “delegating” additional generic top-level domains (such as…

"Friday Factoid 4/25/14"

A person has a legal right to prevent others from commercially exploiting his or her identity without permission. This right,…

"Friday Factoid 4.18.14"

Twitter recently paid $36 million to IBM to purchase a portfolio of 900 patents. The purchase is likely a result…

"Friday Factoid 4.11.14"

In February 2014, a federal court ruled in favor of The Simpsons voice artist Hank Azaria and against Leap Year actor…

"Friday Factoid 4.4.14"

On February 13, 2014, the European Union’s Court of Justice ruled that making a hyperlink to publicly available content posted…

"Friday Factoid 3.28.14"

If you register a trademark with the USPTO, every few years you must also submit to the USPTO evidence that…

"Intellectual Property Attorney explains what Maryland Companies should know"

In his article “Understanding Your Intellectual Property Assets,” Offit Kurman intellectual property attorney Jonathan Wachs explains what every Maryland business…

"Friday Factoid 3.21.14"

On January 31, 2014, the founding members of the rock band Survivor sued Sony Music Entertainment regarding Sony’s obligations to pay royalties…

"Friday Factoid 2.28.14"

In February 2014, comedian Nathan Fielder opened Dumb Starbucks, a coffee shop in Los Angeles that sold products under names…

"Friday Factoid – 2.21.14"

A judge for UK’s High Court recently ruled Zynga’s use of Scramble With Friends as a name for one of…

"Friday Factoid – 2.14.14"

The USPTO will register a non-written symbol in the same way it will register a word mark.  For example, the…

"Friday Factoid – 7.26.13"

On May 19, 2011, Amazon announced that in April 2011 its customers purchased more e-books than printed books.  This development…

"Friday Factoid – 7.19.13"

Disney earns a substantial amount of revenue in the form of licensing fees for its branded products.  In 2012, retail…

"Friday Factoid – 7.12.13"

In many cases, companies can generate substantial additional revenues by licensing or selling their intellectual property assets outside their ordinary…

"Friday Factoid – 6.28.13"

President Obama recently signed two new laws regarding trade secret protections.  The first law expands federal law to criminalize the…

"Friday Factoid – 6.14.13"

Obscure patents issued by the United States Patent and Trademark Office include an anti-eating face mask, a body squeegee, an…

"Friday Factoid – 6.7.13"

According to a CNN/Money report, in 2011, U.S. Customs and Border Protection seized 25,000 shipments of counterfeit goods, which had…

"Friday Factoid – 5.31.13"

The USPTO will register unique motions as a trademark or service mark. For example, Peabody Hotels owns a registered mark…

"Friday Factoid – 5.31.13"

The USPTO will register unique motions as a trademark or service mark. For example, Peabody Hotels owns a registered mark…

"Friday Factoid – 5.31.13"

The USPTO will register unique motions as a trademark or service mark. For example, Peabody Hotels owns a registered mark…

"Friday Factoid – 5.24.13"

In 2012, International Business Machines Corp. (IBM) obtained more U.S. patents than any other company, for the 20th year in…

"Friday Factoid – 5.17.13"

For works of authorship created after 1978 that are not “made for hire,” the author has a limited right to…

"Friday Factoid – 5.10.13"

Julie Kavner, Nancy Cartwright, Yeardley Smith, Hank Azaria and Harry Shearer each earn $300,000 per episode for lending their famous…

"Friday Factoid – 5.3.13"

In 1790, Samuel Hopkins of Philadelphia was issued the first U.S. patent. The patent related to a method of making…

"Friday Factoid – 4.26.13"

According to a study published in April 2013, 82% of trademark applications prepared by an attorney received preliminary approval from…

"Friday Factoid – 4.12.13"

According to a recent USPTO report, in 2010 average weekly wages for private sector jobs in IP-intensive industries were 42%…

"Friday Factoid – 4.19.13"

Several show business celebrities (including Eddie Van Halen, Zeppo Marx, Penn Gillette, Marlon Brando and Lawrence Welk) created inventions that…

"Friday Factoid – 4.5.13"

Not only does Lamborghini (the Italian car company) own registered trademarks on its names, it also registered with the USPTO…

"Friday Factoid – 3.29.13"

As a lead-up to the creation of hundreds of new global top level domain names (i.e., .web and .lawyer), the…

"Friday Factoid – 3.22.13"

Kodak (which filed for bankruptcy) developed the digital camera and obtained a patent for digital cameras well before they were…

"Friday Factoid – 3.15.13"

A 2012 study of jobs conducted by the U.S. Chamber of Commerce’s Global Intellectual Property Center found that IP-intensive industries…

"Friday Factoid – 3.08.13"

The song “Happy Birthday to You” is protected by copyright (until at least 2030). Source: http://www.snopes.com/music/songs/birthday.asp

"Friday Factoid – 3.01.13"

Article 27(2) of the Universal Declaration of Human Rights recognizes intellectual property rights as a fundamental human right. Source: http://www.un.org/en/documents/udhr/index.shtml

"Friday Factoid – 2.22.13"

In 1938, the creators of the Superman character and comics (Jerry Siegel and Joe Shuster) sold their intellectual property rights…

"Friday Factoid – 2.15.13"

The number of worldwide Internet users increased 566% between 2000 and 2012.  The pool of available Internet Protocol numbers (also…

"Friday Factoid – 2.08.13"

A recent Brookings Institution study of patents issued between 1980 and 2012 indicates that 63% of U.S. patents were issued…

"Friday Factoid – 2.01.13"

If the United States Patent and Trademark Office (USPTO) registers a trademark or service mark, the mark will be registered…

"Friday Factoid – 1.25.13"

The secret recipe for Dr. Pepper’s soda is protected as a highly valuable trade secret.  It is reported that only…

"Friday Factoid – 1.18.13"

The original copyright law of the United States protected works of authorship for 14 years.  Under current law, the copyright…

"Friday Factoid – 1.11.13"

According to Forbes, for 2012 the world’s most valuable sports brands are: 1) Nike (15B); 2) ESPN (11.5B); 3) Sky…

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