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Brandon Selinsky

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Patent Term Extension and How To Get It

Posted by Brandon Selinsky on May 2, 2017 8:59:44 PM

For some types of inventions, such as new and nonobvious pharmaceutical compositions, securing a patent from the federal government is only half the battle. In addition to obtaining patent rights, pharmaceuticals and other compositions that might be consumed by humans are required to undergo a review process conducted by the Federal Food and Drug Administration.

Patent rights prevent others from making, using, selling or importing the patented invention. But patent rights are only enforceable for a set amount of time (twenty years from their filing date), and the prosecution of the patent application can take a number of years on its own. But even if a patent is issued for a novel pharmaceutical composition, that does not mean that the pharmaceutical company can immediately go sell the product. New pharmaceuticals cannot go to market without FDA approval.

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Topics: Intellectual Property, international patent disputes, patent law, patent lawyer

Legal Opinions Concerning Patents

Posted by Brandon Selinsky on May 1, 2017 1:12:34 AM

When it comes to obtaining patent protection for a new and nonobvious invention, there is a lot to consider. Obtaining intellectual property rights in the form of a patent often requires a huge investment of time and financial resources. However, the benefits of obtaining patent protection can far outweigh the upfront costs. Since patents are such a valuable assets, but also a costly undertaking, many people who are considering filing for a patent or who have already obtained a patent find obtaining legal opinions concerning various aspects of their invention or patent can be reassuring.

Whether you are considering pursuing patent protectionfor an invention or you already hold a patent, there are many situations where you may need a legal opinion concerning your intellectual property. Some legal opinions concerning patents include:

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Topics: Intellectual Property, international patent disputes, patent law, patent lawyer, patent rights

Types of Patent Infringement

Posted by Brandon Selinsky on Apr 29, 2017 9:07:12 AM

If a competitor is making, using, selling or importing a product that you have patented, you cannot standby and allow the infringement of your intellectual property rights. Unauthorized use or selling of the product by your competitor is a violation of your right to exclude others from making, using or selling your patented invention. In order to put a stop to infringement, you should first send a cease and desist letter that is prepared by a patent lawyer to the alleged infringer. If a letter does not put a stop to the infringing conduct, then a patent infringement lawsuit is the next step for enforcing your patent rights.

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Topics: Intellectual Property, patent law

Protecting Your Healthcare Trademark

Posted by Brandon Selinsky on Apr 23, 2017 1:19:42 PM

Due to a growing need for medical care, the healthcare industry is one of the most rapidly expanding areas of business in the United States. As old companies try to maintain a secure healthcare trademark in the industry, newer healthcare companies are able to create a point of identification for consumers. If you are interested in protected a trademark in the healthcare industry, there are some recommended steps that you should follow.

Unique Problems for a Healthcare Trademark

One of the most significant problems in selecting a trademark in the healthcare industry is the level of distinctiveness in trademarks. One of the lowest categories of marks are descriptive trademarks, which are sometimes but not always granted in trademark filings. These marks provide information to the consumer about service or products but lack the more fanciful, arbitrary, and suggestive nature of trademark filings that are often granted as marks. Hospitals and other types of companies in the healthcare industry are often named with geographic designations, the names of famous individuals, or in the case of practices even family names. These types of titles are often grouped in the descriptive category. As a result, there is often a risk that these types of marks will not be granted if a trademark filing is made.

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Topics: Trademark Attorney, Intellectual Property, Colorado trademark lawyers, trademark law attorneys, trademark lawyers

Geographically Descriptive Trademarks--Why Not?

Posted by Brandon Selinsky on Mar 14, 2017 3:18:33 PM

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Why Can't I use my home town as my brand?

A trademark is part of your branding, a way to identify the source of your product or service. In many ways, the stronger the brand, the stronger the trademark. However, there are situations when common branding rules diverge from the United States Patent and Trademark Office’s (PTO) rules. One such situation is when the mark reflects the geographic source of the product or service, known as geographic descriptiveness.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, trademark law attorneys, trademark lawyers, trademark protection

The Pink Trademark Dispute-Not Just a Color Anymore

Posted by Brandon Selinsky on Jan 17, 2017 3:09:42 PM

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Topics: Trademark Attorney, Intellectual Property, trademark law, trademark lawyers, trademark protection

Protecting Your Trade Dress

Posted by Brandon Selinsky on Dec 6, 2016 8:08:42 PM

What is the difference between Trademark and Trade Dress?

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act.[1] It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and graphics. Trade dress can be the design of a product (the product shape or configuration), the packaging in which a product is sold, the color of a product or of the packaging in which a product is sold, or even the flavor of a product.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, intellectual property law, trademark law attorneys

Alcohol Tobacco Tax Trade Bureau--Managing Our Vices

Posted by Brandon Selinsky on Dec 3, 2016 3:33:50 PM

Who's in Charge of the Beer?                                        

In the realm of brewing, the Alcohol and Tobacco Tax Trade Bureau, or TTB, evaluates things at several different stages:

  1. Operations approval
  2. Formula approval
  3. Beer label approval

Great American Beer Festival season is upon us and our turns our thoughts to beer.[1] In recent years, discussions of brewing law have often revolved around trademark disputes, which have become increasingly contentious and numerous. But trademark disputes are like the early arrival of pumpkin beers: we need a break from all that. Instead, we are going to look at the decidedly less sexy—but equally important--topic of the TTB.

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Topics: Trademark Attorney, Intellectual Property, Intellectual property attorney, intellectual property law, Trade Mark Attorneys

Equitable Estoppel Defense to Intellectual Property Infringement Claims in International Trade

Posted by Brandon Selinsky on May 12, 2015 12:38:27 PM

Can an Equitable Estoppel Defense Win the Day in Intellectual Property Infringement Cases

This blog post will be the first of a series dealing with this subject.  In completing my LLC (Master of Laws) in International Business Transactions at the University of Denver Sturm College of Law, I spent the last 4 1/2 months studying the subject of Intellectual Property rights in an International Business Transactions setting.  This series of blogs will be about the International Trade Commission’s treatment of four affirmative defenses over the last ten years:  Collateral estoppel, waiver, laches, and acquiesces.  The author’s method of research involved reviewing a sampling of 85 International Trade Commission (ITC) decisions issued since January 1, 2005.  Most of these cases involved hundreds of filings and some were filed by Fortune 100 companies.  What this blog will deal with are the affirmative defenses raised in these cases, the elements of those defenses, and the Administrative Law Judges’ (ALJs’) treatment of those defenses.

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Topics: International Business, Trademark Attorney, Intellectual Property, Copyright Infringement, Copyright Law, international business

Copyrights and Work Done for Hire

Posted by Brandon Selinsky on May 12, 2015 11:52:01 AM

Work Created for My Employer Eligible for Copyrights?

When you create a work that is normally protected by U.S. copyrights law, you normally assume that protection yourself, as the creator. But this is not always true. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author and owns all of the rights that comes with the copyrights unless the parties have expressly agreed otherwise in a signed document.

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Topics: Intellectual Property, Copyright Law, copyrighting, IP attorney, work done for hire

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