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Contracts Intellectual Property

For-ev-ver? The Importance Of Specific Survival Language In Contracts

What does the termination of a contract do to certain intellectual property rights that were granted, in perpetuity, from one party to another within that document? A recent ruling in the U.S. Southern District of New York can be instructive on this issue.

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Intellectual Property Trademarks

Trademark Defendant Between Rock And Hard Place On Attorney’s Fees Request

Typically, each party must pay its own attorney’s fees in litigation. The exception is when a contract contains a prevailing party clause or a statute provides that the prevailing party is entitled to a reimbursement of reasonable attorney’s fees. One such statute is the Lanham Act, which permits an award of reasonable attorney’s fees only […]

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Intellectual Property

Draymond Green Adds Sagnasty To Intellectual Property Portfolio

NBA champion Draymond Green of the Golden State Warriors has not only been busy on the basketball court, but also off the court. He has enlisted Heitner Legal to assist him in the procurement, prosecution and licensing of valuable intellectual property, including trademarks. Green’s first trademark application was filed in December 2014 for protection of the […]

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Intellectual Property

Blackjack Game Creator Busts With Patent Protection Effort

Ray and Amanda Tears Smith wanted to patent a game that was a variation of blackjack. The game utilized standard playing cards, but incorporated a new set of rules. The Patent and Trademark Office found this game ineligible for a patent. Patent-eligible subject matter is defined as “any new and useful process, machine, manufacture, or […]

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Intellectual Property Sports Law Trademarks

Are You Able To Trademark Your Name?

With the continued growth of athletes and celebrities as role models in addition to the continued importance of intellectual property in their lives, it raises the question of whether they can trademark their names. “Under §2(e)(f) of the Trademark Act, a mark that is primarily a surname [family name] is not registrable on the Principal […]

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Intellectual Property Sports Law

Wilson Sporting Goods Sues Rawlings Sports Goods for Patent Infringement

Wilson Sporting Goods Co. has filed a patent infringement lawsuit against Rawlings Sporting Goods Company, Inc. in the Northern District of Illinois. Wilson holds two patents, United States Patent No. 8,460,135 which was issued for game ball cover with improved stripes and/or logos & United States Patent No. 8,905,876 which was issued for a game […]

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Intellectual Property Sports Law Trademarks

Patriots RB LeGarrette Blount Earns Trademark

HEITNER LEGAL filed the trademark application and handled all necessary follow-up tasks with the U.S. Patent and Trademark Office for New England Patriots running back LeGarrette Blount.  The trademark, ‘Blount Force Trauma’ has received full registration on the principal register.  Blount will be able to move forward with federal protection when he uses the phrase […]

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Intellectual Property

The Benefits Of Intellectual Property Holding Companies

In the eyes of the law, a properly formed and maintained limited liability business structure is a separate entity or “person” from its owners and employees[1]. This legal benefit allows for the limited liability of individuals who seek to invest, start up, or become a part of the business structure. Consequently, in the event the […]

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Intellectual Property Trademarks

Cleveland Indians Next To Be Tested On Trademark?

On the heels of the recent Trademark Trial and Appeal Board (TTAB) decision to cancel six federally registered trademarks of the Washington Redskins, a Native American group has stated its intention to file a federal lawsuit against the Cleveland Indians. The advocacy group, People Not Mascots, led by Robert Roche, plans to initiate litigation challenging […]

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Intellectual Property Trademarks

Trademarks Are Coming: Protecting ‘Milk Of The Poppy’ From Game Of Thrones

Those familiar with HBO’s hit show, Game of Thrones, undoubtedly are familiar with the term “Milk of the Poppy,” the medical drink used as both a painkiller and an anesthetic to help those throughout the Seven Kingdoms who have suffered from severe injuries. Recently, the term was used in the Season Four finale, “The Children,” […]