Benjamin Appelbaum, Attorney at Law

April 2017 Archives

Using a trademark first may not provide protection

Using a trademark first may not protect New Jersey trademark applicants from losing out to a registrant who files first for the mark. In an April federal court decision, the company EMC lost its claim to the trademark "Unity" for software products in data management, despite having given presentations using the name over half a year before another company filed for a trademark.

Disney planning soft-body robots for human interaction

In the future, people from New Jersey planning a trip to a Disney resort might experience interactions with soft and touchable robots. The filing for a patent in the United States by Disney Enterprises Inc. indicates that the company has designed a 3D-printed soft-body robot designed to interact physically with visitors.

IP owners urged to register trademarks in Cuba

Intellectual property owners in New Jersey and around the country may be familiar with the practice of trademark squatting. This occurs when individuals or companies register U.S.-protected trademarks in countries where the trademark holder has no commercial presence. Trademarks are protected under U.S. law for three years even when they are not used. Business experts have urged American companies to aggressively register their trademarks in Cuba even if they have no immediate plans to conduct business there. The issue was brought up on April 5 during an international conference on property law held by the American Bar Association.

Supreme Court set to rule on patent infringement case

Many New Jersey residents and companies use cartridges for their printers, and some later resell them. The Supreme Court of the United States is deciding a case that may impact what consumers are allowed to do with their cartridges after they have purchased them.

Cheerleading uniform designs protected by copyright

According to a decision made by the Supreme Court in October, designs on cheerleading uniforms can be protected under copyright laws. In the case in question, Varsity Brands, Inc., a manufacturer of cheerleading uniforms that are popular in schools in New Jersey and around the country, sued Star Athletica LLC for infringing upon copyrights for 5 different designs.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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