Author: James Faier

I am reading a book called Small Data. The author makes clear you need to focus small aspects of local life. The author, a Dane by birth, commented that the USA is ruled by fear. He says we try to make a big thing about being about freedom. I have been thinking about that and […]

Design patent for product design protect – better than trademark!  For new products and new packages, I assert that design patent is a better approach than trademark.  Several reasons.  Design patent enforcement standard for infringement is whether and “ordinary person” where to think that the defendant’s design was infringing of the plaintiff’s design.  In trademark […]

Copyright done right.  Copyright is a cost effective part of every company’s IP protection.  Here are important rules to remember.  Copyright is not automatic in a legal sense.  If you do not register your claim of copyright, then you cannot enforce a claim of copyright.  Time and time again I get calls from businesspeople claiming […]

In the more than 25-years in practice I have been asked to register many sorts of trademarks. I have then had the opportunity to see how the trademarks function in the marketplace. By far and away the most successful trademarks were distinctive and less descriptive. To me, a distinctive mark is a mark where there […]

The United States District Court for the Northern District of Illinois correctly denied Marriott’s Motion for Summary Judgment in the above case. In this case, Ledesma travelled to India. He signed up for a hotel room at the Westin in Chennai, India. While on the premises Ledesma was hurt when the elevator dropped with him […]