The U.S. Supreme Court has played hob with the U.S. patent system, ruling that many wonderful, new, non-obvious, useful inventions cannot be protected by patent. A few brave legislators* are proposing a bi-partisan fix for what the Supreme Court has broken. The Background The right to a patent is set out in Art. 1, section […]
Uncategorized
Cannabis Scheduling and Rescheduling: Part I
June 27, 2024
Uncategorized
Another Long Strange Trip In 1970, the U.S. Congress enacted the Controlled Substances Act (CSA) to establish a federal drug policy regulating the manufacture and distribution of regulated substances. The CSA classified cannabis (the CSA schedule refers to marijuana and cannabis interchangeably.) as a Schedule I controlled substance. Schedule I substances are considered to have […]
Welcome Gretchen L. Temeles, Ph.D., J.D.
June 6, 2024
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A new lawyer has joined the ranks of Lipton, Weinberger & Husick. So, welcome our new partner, Gretchen L. Temeles, Ph.D., J.D. Gretchen arrives at our firm with experience that will greatly complement our patent prosecution and related practice. Here’s an overview of her experience: Gretchen is an experienced intellectual property attorney and scientist. She […]
‘Trade Names’ or ‘Trademarks’?
March 7, 2024
Trademark, Uncategorized
Do you know what distinguishes a trade name from a trademark? Clients frequently ask us to file a trademark application for the name of their company without any understanding of whether the company name is being used as a trademark. So, what is the difference? To put it simply, a trade name under section 45 of the […]
Liberate TACO TUESDAY! Who Owns It Anyway?
June 8, 2023
Trademark, Uncategorized
Given the weighty domestic and foreign news of the day, trademark wars shouldn’t be capturing as much media attention as has the recent kerfuffle over the mark “TACO TUESDAY.” But it has. If you haven’t heard, Taco Bell, LeBron James, and some restaurant establishments are fighting over ownership of the trademark rights to TACO TUESDAY. […]
Words, War, Film, and the First Amendment
April 4, 2016
Uncategorized
When lawyers and lay people talk about “intellectual property” (IP) they are usually referring to patents, trademarks, copyright, and trade secrets. But IP may consist of other rights including the “right of publicity.” The right of publicity refers to those rights related to control of the commercial use of one’s identity typically consisting of a […]