July/August 2017 Sherman IP Newsletter
July/August Newsletter The 4th of July, Sherman IP’s Philanthropy and the Supreme Court Decision Making Thoughtful Patent Prosecution Much More Important! With summer in full steam, we hope you had a wonderful 4th of July, are getting some time off of work and just enjoying life. In celebration of America’s Independence Day, … Continue reading July/August 2017 Sherman IP Newsletter
Assessing Patent Infringement Claims in Light of New Venue Restrictions; Well-Drafted, Strong Patents Just Became More Valuable!
By Kenneth L. Sherman In May, the United States Supreme Court made it somewhat less expensive and easier for businesses to defend against what are often “strong-arm” patent lawsuits. The Supreme Court thereby made well-drafted patents, with strong claims and supportive specifications, much more valuable. At first glance, the Court’s decision in TC Heartland LLC … Continue reading Assessing Patent Infringement Claims in Light of New Venue Restrictions; Well-Drafted, Strong Patents Just Became More Valuable!
June 2017 Sherman IP Newsletter
Sherman IP is Onboarding the AKeyMark Platform! Sherman IP is constantly innovating and striving to maintain its competitive edge. The AKeyMark Platform was launched to provide trademark applicants self-service tools when working with a trademark attorney. Sherman IP has always been the trademark legal team powering AKeyMark. Now, we’re excited to announce that Sherman IP … Continue reading June 2017 Sherman IP Newsletter
Innovating Client Relationships in Intellectual Property Protection – A Case Study with the L&R Group of Companies
When you work in Intellectual Property law, you know a thing or two about creativity. This creative spark is the catalyst that propelled Kenneth L. Sherman, the Managing Partner of Sherman IP to rethink how Sherman IP approaches the traditional attorney client relationship. After hearing from clients about how many traditional law firms left them … Continue reading Innovating Client Relationships in Intellectual Property Protection – A Case Study with the L&R Group of Companies
Getting Help for Your Trademark Renewals Just Became Imperative; Post-Registration Trademark Use Audits Now Conducted by USPTO
By Kenneth L. Sherman On March 21, 2017, the United States Patent and Trademark Office (USPTO) implemented a new order to enhance their examination of trademark registrations up for renewal and to remove registrations that are no longer in use. The new order may result in the cancellation or limitation of a trademark registration if … Continue reading Getting Help for Your Trademark Renewals Just Became Imperative; Post-Registration Trademark Use Audits Now Conducted by USPTO
May 2017 Sherman IP Newsletter
May 2017 Newsletter Our Clients Make Headlines! This month we’re focusing Sherman IP’s newsletter on you, our clients. Over the past 25 years (yes, we’re gearing up to celebrate our 25th Anniversary this year!), we’ve built a reputation of providing high quality, efficient legal services. We look at you, our clients, as relationships where we … Continue reading May 2017 Sherman IP Newsletter
Should I Copyright or Trademark My Logo?
By Kenneth L. Sherman There’s a ton of confusion around the question, “Can I copyright my logo?” To answer this question appropriately, it’s important to first identify the scope of protection you may be seeking, by distinguishing between trademarks and copyrights. Each type of legal registration serves different purposes, are obtained differently, and provide different … Continue reading Should I Copyright or Trademark My Logo?
Picking the Right Trademark for Your Brand
By Kenneth L. Sherman Coming up with a name for your company, product or service is one of the most important decisions you make that will set the stage for your brand and your future marketing efforts. How do you pick the right name that will not only sound great, but one that will allow … Continue reading Picking the Right Trademark for Your Brand
April 2017 Sherman IP Newsletter
April 2017 Newsletter And the Winners Are… Last month we announced our participation and sponsorship of the Maseeh Entrepreneurship Prize Competition (MEPC) and Min Family Social Entrepreneurship Challenge at the USC Viterbi School of Engineering. This month we wanted to congratulate the student participants on a job well done and announce the winners! We are proud … Continue reading April 2017 Sherman IP Newsletter
Crowdfunding Tips You Need to Succeed
Crowdfunding Tips You Need to Succeed Imagine the feeling you get when you’ve finally pressed the “launch” button on your Kickstarter campaign. That one small click represents hundreds or even thousands of hours of hard work and creativity. The feeling is one of excitement, relief and anticipation that funding will flow like manna from heaven. You’ve done … Continue reading Crowdfunding Tips You Need to Succeed
Procrastinating on Your Trademark Application Will Cost You
Procrastinating on Your Trademark Application Will Cost You For a busy entrepreneur, trademark protection may be the last thing on your mind. It’s understandable. You’ve got a to-do list longer than the Great Wall of China and you keep adding more to it everyday. But since you’ve taken the time out of your over-packed schedule … Continue reading Procrastinating on Your Trademark Application Will Cost You
March 2017 Sherman IP Newsletter
March 2017 Newsletter Supporting Our Future Inventors & Entrepreneurs Sherman IP and our sister company AKeyMark are proud sponsors of the Min Family Engineering Social Entrepreneurship Challenge and the Maseeh Entrepreneurship Prize Competition at the USC Viterbi School of Engineering. Each competition is uniquely designed to foster up and coming entrepreneurs in topics spanning … Continue reading March 2017 Sherman IP Newsletter
Trademark Law Leaves Cannabis Brands in a Sticky Situation
Trademark Law Leaves Cannabis Brands in a Sticky Situation Marijuana has now been “legalized” in one form or another by almost 30 states. While, marijuana remains illegal under federal law, many folks feel the train has left the station for the legalization of marijuana. However, that train clearly has not reached the end of the … Continue reading Trademark Law Leaves Cannabis Brands in a Sticky Situation
February 2017 Sherman IP Newsletter
February 2017 Newsletter Your Success is Our Success As you may already know, over the course of 2015 & 2016, Sherman IP developed and launched a series of trademark application initiatives to help clients more effectively and efficiently apply for and obtain Federal registration of their trademarks. Using streamlined processes and tools, we have been … Continue reading February 2017 Sherman IP Newsletter
The Trademark Registration Process. What to Expect After your Application is Filed.
The Trademark Registration Process. What to Expect After your Application is Filed. When it comes to registering a trademark, a lot of people are under the impression that you fill out the form, pay the fee and your mark is automatically protected. Unfortunately, this type of instant gratification is not the business model of the … Continue reading The Trademark Registration Process. What to Expect After your Application is Filed.
The Value of a Trademark Attorney
If you’re like most entrepreneurs, you tend to be a “do-it-yourself-er.” We get that. You’re smart, capable and in most cases, trying to get a business started on a shoestring budget. The thing that sets apart the truly successful entrepreneur from the others is the ability to know where to spend money that will bring … Continue reading The Value of a Trademark Attorney
January 2017 Sherman IP Newsletter
January 2017 Sherman IP Newsletter A New Year’s Resolution This month we’re taking a hard look at counterfeit goods and how a registered trademark is the key component to brand protection. According to a report by the Organization for Economic Cooperation and Development, counterfeits made up nearly $500 billion, or 2.5 percent, of all … Continue reading January 2017 Sherman IP Newsletter
5-Hour Energy Wins a $20 Million Counterfeit Battle
By Kenneth L. Sherman For most people, the term “counterfeit” brings to mind either fake currency or knockoffs of items such as high-end watches or purses. However, food and supplement products can also be counterfeited. While the food/supplement manufacturers face the same risk of financial damage as their counterparts in the fashion and jewelry industries, … Continue reading 5-Hour Energy Wins a $20 Million Counterfeit Battle
Amazon Gets Tough with Sellers of Fake Goods
Amazon Gets Tough with Sellers of Fake Goods; Make Sure You Have a Federally Registered Trademark Listed in Amazon’s Brand Registry By Kenneth L. Sherman According to industry estimates, on a single day in late November, customers ordered more than 26.5 million items from Amazon. On average, that’s a mind-bending 306 items per second. Not … Continue reading Amazon Gets Tough with Sellers of Fake Goods
December 2016 Sherman IP Newsletter
December 2016 Newsletter ‘Tis the Season to be Giving! Last year, instead of sending chocolates and candy to our friends, clients and family, we gave the money to those in need. The feedback we received from you was so positive, it was an easy decision to do it again this year. We’ve also tripled … Continue reading December 2016 Sherman IP Newsletter
The (Disney) Empire Strikes Back – Too Hard, Perhaps?
By Kenneth L. Sherman George Lucas’ original “Star Wars” (later re-titled “Chapter IV – A New Hope”) cost around $11 million to make in 1977, or about $40 million in 2016 dollars. According to one estimate, total Star Wars earnings from theatrical and DVD movie releases, books, toys, video games and the like are at … Continue reading The (Disney) Empire Strikes Back – Too Hard, Perhaps?
I Used to Be With The Band – Trademark Law
By Kenneth L. Sherman Business-savvy rockstars understand that a band name can represent a valuable brand. The idea that federal trademark protection can extend to a band’s name is not a recent one. The registrant of the name of the 1940s and 50s smooth vocal group “The Ink Spots” claimed the name was first used … Continue reading I Used to Be With The Band – Trademark Law
November 2016 Sherman IP Newsletter
Procrastinating On Your Trademark Will Cost You Last month, Sherman IP and our sister company AKeyMark participated in and sponsored TechDay LA. Our team was pleased to meet so many passionate entrepreneurs determined to change the world and disrupt new markets with their business models. While we felt inspired by the enthusiasm, we were surprised … Continue reading November 2016 Sherman IP Newsletter
Is It Time for Some Football? Well Coach, If You Snooze, You (Might) Lose Your Trademark
By Kenneth L. Sherman Unlike the rights accorded creators of copyrighted works or patented inventions, rights to federal trademark protection does not begin with conception or creation of the mark and does not have a limited duration. Trademark rights and protections flow from use of the mark with specific goods or services so that consumers … Continue reading Is It Time for Some Football? Well Coach, If You Snooze, You (Might) Lose Your Trademark
Trademark Registration and the Fight Against Counterfeit Goods
By Kenneth L. Sherman The word “counterfeiting” conjures up images of furtive criminals printing phony twenty dollar bills. However, it also describes imitations which are marketed and sold as genuine goods by illegally using the name, logo or trade dress of the true maker or designer. Many people don’t realize that these “Knock-Offs” and counterfeit … Continue reading Trademark Registration and the Fight Against Counterfeit Goods
October 2016 Sherman IP Newsletter
October 2016 Newsletter Sherman IP and AKeyMark Exhibit at TechDay LA! Sherman IP and AKeyMark exhibited at “2016 TechDay LA” in downtown Los Angeles. While we may be a tad biased, the booth was arguably the most visited at the show. New LA startups and business owners stopped by to chat with our team, … Continue reading October 2016 Sherman IP Newsletter
Oprah – Own Your Power
By Kenneth L. Sherman Can A Catch Phrase Be a Trademark? Recently, Oprah Winfrey won a long-running trademark dispute in New York Federal Court over her use of the words “Own Your Power”. Life Coach Simone Kelly-Brown sued Oprah for using the words on Oprah’s magazine saying that she had already been using the words as … Continue reading Oprah – Own Your Power
“Pirate Joe” Sets Sail
By Kenneth L. Sherman Enforcing U.S. Trademark Rights Against a Foreign Infringer American law generally does not apply to the activities of foreign citizens which occur outside the U.S. As with most general rules, however, there are exceptions. Recently, the United States Courts of Appeal in both the Ninth and Fourth Circuits have allowed … Continue reading “Pirate Joe” Sets Sail
September 2016 Sherman IP Newsletter
Always Remember to Enjoy the Fruits of Your Labor Last month, our firm gathered together at the beautiful Terranea Spa located on the cliffside of the Palos Verdes Peninsula in Palos Verdes, California. It was an opportunity to regroup as a team and leave the shop talk at the office. We are … Continue reading September 2016 Sherman IP Newsletter
Protecting your Mark with the Correct Registration Symbol(s)
By Kenneth L. Sherman Clients often ask why, when and how to use the federal registration (“®”) symbol with their trade or service marks. The principal reason to use a registration mark ® with your federally registered trademark is to provide notice to the public that your mark is federally registered and has the protections … Continue reading Protecting your Mark with the Correct Registration Symbol(s)
The U.S. Olympic Committee – Too Much Power Corrupts
By Kenneth L. Sherman Although federal registration of your company’s trademark provides additional protections against infringement not enjoyed by unregistered marks, these protections aren’t self-effectuating. As the owner of a mark you must remain watchful for instances of both unauthorized use and the appearance of confusingly similar marks and take appropriate action. In trademark parlance, … Continue reading The U.S. Olympic Committee – Too Much Power Corrupts
August 2016 Sherman IP Newsletter
Thank You for Supporting Our Veterans! Last month, Sherman IP joined our sister company AKeyMark in a donation campaign. Through this campaign, 5% of all Sherman IP legal service fees earned in processing trademark applications was gifted to the Semper Fi Fund in July. We are extremely proud to have donated $5,000 to … Continue reading August 2016 Sherman IP Newsletter
Trademark Specimens of Use – Issues to Consider
By Kenneth L. Sherman Requirements for Multiple Specimens are on the Rise at the Trademark Office Sherman IP helps applicants respond to Trademark Office Actions for applications they filed on their own. (Sherman IP Office Action Services) A Stanford Law School analysis shows that over 50% of self-filed trademark applications get rejected, and Sherman IP’s … Continue reading Trademark Specimens of Use – Issues to Consider
July 2016 Sherman IP Newsletter
Protect Your Brand & Support Our Veterans We hope you had a wonderful 4th of July weekend! In celebration of America’s Independence Day, and the men and women who have sacrificed so much for the freedoms we enjoy, Sherman IP, alongside our sister company AKeyMark, have committed to gift 5% of all Sherman IP … Continue reading July 2016 Sherman IP Newsletter
Fee Shifting in Trademark Cases Could Be Good News for Small Companies
By Kenneth L. Sherman Fee Shifting in Trademark Cases Could Be Good News for Small Companies. Having a Federally Registered Trademark Is Now Even More Valuable It is never a good idea for a Party to pursue a lawsuit simply because they think they can recover their attorney’s fees. As they say in Las Vegas, … Continue reading Fee Shifting in Trademark Cases Could Be Good News for Small Companies
Federal Trade Secret Protection is Here
By Kenneth L. Sherman Federal Trade Secret Protection is Here; Make Sure You Hire an Attorney Who Understands Trade Secret Law and Is Used to Working in Federal Court On May 11, 2016, President Obama signed the “Defend Trade Secrets Act” (DTSA) into law. The DTSA creates a federal statute for the theft of trade … Continue reading Federal Trade Secret Protection is Here
June 2016 Sherman IP Newsletter
Sherman IP Newsletter, June 2016 Sherman IP Clients are Happy with the AKeyMark Platform We are pleased to see that Sherman IP clients are starting to take advantage of the new, cost-effective trademark application platform offered from our sister company, AKeyMark. AKeyMark is a fast, easy and cost-effective trademark application platform that provides the … Continue reading June 2016 Sherman IP Newsletter
Don’t Let Your Consulting Agreement Give Away Your Rights
By Kenneth L. Sherman By Kenneth L. Sherman Businesses often choose to hire consultants to help develop new products. The Business and the Consultant typically enter into a written contract like a “Consulting Agreement,” which covers many issues like scope of work, compensation, confidentiality and the ownership of developments during the term of the Consulting … Continue reading Don’t Let Your Consulting Agreement Give Away Your Rights
May 2016 Sherman IP Newsletter
Sherman IP Newsletter, May 2016 Introducing AKeyMark – A New Trademark Application Platform On April 4th, our sister company AKeyMark, released the beta version of its new platform that allows people to engage and work with an expert trademark attorney to prepare and file a trademark application for a flat fee. AKeyMark is … Continue reading May 2016 Sherman IP Newsletter
Doctor Associates v. Janco: A Reminder that a Finding of Trademark Use in Interstate Commerce is Not Automatic
By Kenneth L. Sherman Obtaining trademark registration requires that a mark be used with its associated goods or services in interstate commerce. Businesses selling from locations in two or more states, or with locations in the United States and internationally clearly meet the interstate commerce use requirement. However, can a business located only within a … Continue reading Doctor Associates v. Janco: A Reminder that a Finding of Trademark Use in Interstate Commerce is Not Automatic
TTAB Litigation – More Important Now Than Ever
By Joshua Schaul In a recent decision, the United States Supreme Court significantly affected how and why Trademark Trial and Appeal Board (“TTAB”) cases are litigated. The outcome of a TTAB proceeding can determine the outcome of a Federal lawsuit. In B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S. Ct. 1293 (2015) (“B&B Hardware”) … Continue reading TTAB Litigation – More Important Now Than Ever
April 2016 Sherman IP Newsletter
Sherman IP Newsletter, April 2016 A MESSAGE FROM KEN We are very appreciative of all of the positive feedback we’ve received from you about the release of our newsletter. We thank you for your support. We have some more exciting news for you! If you obtained a registered trademark or were an inventor on … Continue reading April 2016 Sherman IP Newsletter
March 2016 Sherman IP Newsletter
Sherman IP Newsletter, March 2016 A MESSAGE FROM KEN 2016 has begun and with it comes the promise of great growth and change. As part of our expansion and growth, we’re excited to launch our monthly Sherman IP Newsletter. We hope to provide you with helpful legal tips, case studies, and keep you updated with any … Continue reading March 2016 Sherman IP Newsletter
Patent Applications and the Full Disclosure of Prior Act
By Kenneth L. Sherman In patent law, “Prior Art” refers to all the information publicly available about an invention. If an applicant applies to the USPTO for a patent on an invention, the application will be denied if Prior Art already describes the invention. Upon receiving a patent application, the USPTO will conduct its own … Continue reading Patent Applications and the Full Disclosure of Prior Act
Trademark Prosecution Process
During 2015, Sherman IP developed and launched a series of its trademark application initiatives to help clients more effectively and efficiently obtain Federal registration of their trademarks. Using new streamlined processes and tools, Sherman IP has been able to provide a reduced fee structure for trademark application clients. Existing clients have seen a reduction of … Continue reading Trademark Prosecution Process
Warmest Wishes for a Wonderful Holiday and a Happy New Year! We want to wish all of our clients, vendors and friends a VERY HAPPY HOLIDAY SEASON!!! Instead of sending you chocolates, and then listening to you complain in January about having to go to the gym, we decided to save us both the trouble … Continue reading Happy Holidays!
Happy 4th of July!
Our American Flag is proudly flying at our office in Santa Monica. From all of us here at SHERMAN IP, we wish you a safe, happy and patriotic 4th of July.
Top Patent Firm for 2015!
We did it again! We’ve been rated a Top Patent Firm for 2015! Managing Partner, Ken Sherman would like to congratulate the Patent Prosecution Team at SHERMAN IP on again being rated a Top Patent Firm in the Intellectual Property Today survey. SHERMAN IP has been rated a Top Patent Firm for more than 10 … Continue reading Top Patent Firm for 2015!
SHERMAN IP Team Goes Rockclimbing
Check out a few photos of our firm outing to the local rock climbing gym. We successfully managed to navigate “the blue pool of lava” and had a great time! At SHERMAN IP, we strive to be an effective team so that we can deliver you the most effective results. Remember to keep up with … Continue reading SHERMAN IP Team Goes Rockclimbing