By John E. Ottaviani & Geri Rosman 1. IMMORAL AND SCANDALOUS MARKS. You may have read about this trademark case — ANDREI IANCU v. ERIK BRUNETTI, 18-302 (SCOTUS) — pending before the Supreme Court of the United States (SCOTUS) right now, regarding whether the U.S. Patent and Trademark Office can refuse to register marks that are...
Client AlertsIntellectual PropertyUSPTO Requires Non-US Trademark Applicants To Retain US-Licensed Attorneys
June 10, 2019
By John E. Ottaviani The U.S. Patent and Trademark Office (USPTO) has announced new rules that will go into effect 3 August 2019. Under the new rules, all new applications and renewal applications filed by a person or entity not domiciled in the U.S. must be filed by an attorney licensed to practice before the USPTO. Prior...
Client AlertsIntellectual PropertySaving Time and Costs In The U.S. Trademark Registration Process
May 29, 2019
The complex U.S. trademark registration system makes many trademark owners from other countries reluctant to file national applications or extend international applications to the U.S. One reason often given is the higher cost of obtaining trademark protection in the U.S. due to the statutory requirements and the formalities that must be observed. It is frequently...
Client AlertsIntellectual PropertyNew USPTO Guidelines Provide Little Relief For Trademark Applications For Cannabis-Related Products And Services
May 10, 2019
On May 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued new guidelines as to how the agency will handle trademark applications for marijuana-related, hemp-related and CBD-related goods and services, in light of the federal Farm Bill that became law on December 20, 2018. Unfortunately, the new Guidelines raise as many questions for applicants...
Client AlertsIntellectual PropertyRhode Island Proposes New Consumer Privacy Protection Act
April 1, 2019
By Colin Coleman, John Ottaviani, and Brian Reilly On March 29, 2019, a bill was submitted to the Rhode Island General Assembly entitled “Consumer Privacy Protection Act – 2019 H 5930” (the Proposed Act). If enacted, the Proposed Act would place more stringent requirements on the collection and retention of consumers’ personal information by a “business.”...
Client AlertsIntellectual PropertyDoes Your Company Have a WISP? Have You Updated It Lately?
March 6, 2019
By Colin Coleman, John Ottaviani, and Brian Reilly Does your business have employees or customers in Massachusetts or Rhode Island? If so, you need to have a written information security program (“WISP”). If your business (wherever located) collects, stores or uses personal information about a Massachusetts resident, you are legally required to: (a) develop, implement and...
Client AlertsIntellectual PropertyUSPTO Proposes to Require US Attorneys to Prosecute Trademark Applications Filed by Non-US Applicants
February 25, 2019
Recently, the United States Patent and Trademark Office (USPTO) issued a proposed rule to require all applicants who have their domicile or principal place of business outside the United States to hire an attorney who is licensed to practice law to represent them in trademark matters before the USPTO. The new rule would apply to applicants filing...
Client AlertsCorporate & BusinessIntellectual PropertyLimit Your Risk of Data Breach Liability: 13 Important Considerations Before Providing Data to a Third Party
February 21, 2019
By Colin Coleman, John Ottaviani, and Brian Reilly Does your business provide company or customer data to any of its vendors? If so, do you know what contractual provisions are in place to protect your business in the event of a data breach by your vendor? Vendors typically try to limit their liability under their contracts...
Client AlertsIntellectual PropertyAmendments to the Massachusetts’ Data Breach Notification Law Create Additional Notification and Response Requirements
January 15, 2019
By Colin Coleman, John Ottaviani, and Brian Reilly On January 10, 2019, Massachusetts Governor Charlie Baker signed new legislation to amend Massachusetts’ data breach notification law. The new law, which will be effective as of April 11, 2019, makes a few changes that are particularly relevant to Massachusetts businesses: 1. Emphasis on Immediate Breach Notification. Although the...
Client AlertsIntellectual PropertyHow Vulnerable Is Your Business to a Cyber Attack or Data Breach?
January 10, 2019
By Colin Coleman, John Ottaviani, and Brian Reilly January is a good time for all businesses to review and update their cybersecurity policies and practices. We are only a few days into 2019, and already we are hearing breaking news about new data breaches. The German government suffered a breach involving many prominent politicians and celebrities....
