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  • O’Brien Patents
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    • Can Your Idea Be Patented?
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TRADEMARK

Foreign businesses may need U.S. Trademark Attorneys under proposed rules

By Michael O'Brien | Feb 18, 2019

The United States Patent and Trademark Office (USPTO) has proposed new regulations which would require a business or individual to ...
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How Counterfeiters are Stealing Trademarks to Sell Fake Products on Amazon

By Michael O'Brien | Oct 31, 2018

Over the last few months, the United States Patent and Trademark Office has been quietly discussing changes to the trademark ...
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Someone Stole My Business Idea! Can I Sue for Stealing My IP?

By Michael O'Brien | Oct 17, 2018

One of the biggest fears that inventors and other developers of intellectual property disclose to me in my office is, ...
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Using Non-Disclosure Agreements to Protect Intellectual Property

By Michael O'Brien | Aug 27, 2018

Patents and copyright are not the only means of protecting intellectual property. As we have discussed previously, some well-equipped companies ...
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Is It Legal to Buy Products from Stores and Resell Them Online as New?

By Michael O'Brien | Jun 29, 2018

Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and ...
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In-Use vs. Intent-to-Use Trademark Applications: Which is Better?

By Michael O'Brien | Jun 1, 2018

It’s not unusual for an inventor laboring over the refinement of their creation to land upon an inspired product name ...
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Disney v. Redbox Aptly Demonstrates Copyright Misuse

By Michael O'Brien | Mar 5, 2018

The legal concept of copyright exists expressly because history has taught us that in order to have a culture rich ...
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How Amazon Sellers Can Fight Patent Infringement Takedowns

By Michael O'Brien | Feb 26, 2018

For those who make a living selling products on the Amazon Marketplace, it’s terrifying to imagine having your most valuable ...
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Watch Out for Patent and Trademark Scam Offers in the Mail

By Michael O'Brien | Feb 20, 2018

More than once, I have had a client happen to mention to me, “You know, I just got my approval ...
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File for a Design Patent—Don’t Rely on Trade Dress to Protect Your IP

By Michael O'Brien | Dec 19, 2017

Recently, the site The Business of Fashion posted a story about a trade dress dispute between shoe startup Allbirds and ...
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Types of Trademark Phrases and Their Strengths & Weaknesses

By Michael O'Brien | Oct 24, 2017

It can be difficult to trademark certain words and phrases, especially when they’re already in popular usage, or are descriptive ...
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Common Patent Mistakes: Titling Patent Application with a Trademark

By Michael O'Brien | Oct 16, 2017

The process of applying for a patent is complex, confusing, and involves a lot of paperwork. So it’s not a ...
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