Contracting Checklist for Intellectual Property Co-Ownership Agreements

Carolyn Wimbly Martin and Katherine Howard-Fudge

Creative industries often involve collaborative projects with numerous moving parts, shifting roles, and evolving timelines. Due to this fluidity, it is common for projects to move forward based on informal agreements rather than formal contracts, particularly when resources are limited. In some ways, this flexible approach makes sense as contributors may come and go, and […]

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E-Recordation: Protecting Your Intellectual Property at the Border

Carolyn Wimbly Martin and Katherine Howard-Fudge

Counterfeit goods enter the United States each year in mass, posing health risks and undermining brand value. Recording your products with U.S. Customs and Border Protection (CBP) can offer valuable protection if they are vulnerable to foreign counterfeiting. CBP cannot seize or destroy counterfeit goods at the border without a registered trademark and recordation. Recordation […]

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What Trademark Owners Need to Know in 2025: Tariffs and Excusable Nonuse of Trademarks

As of this writing, the Trump Administration’s tariff policies remain in flux, with multiple changes to the affected countries, tariff rates, and the duration of tariffs which will be imposed on foreign imports. Therefore, both large and small businesses are assessing the impact of the increased tariffs. One unintended consequence of higher tariffs is that […]

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USPTO Home Address Rule

Carolyn Wimbly Martin and Katherine Howard-Fudge

A 2019 United States Patent and Trademark Office (“USPTO”) rule making domicile address reporting on trademark applications more stringent spurred concern regarding the policy’s privacy implications. However, on October 7, 2024, the U.S. Supreme Court denied a petition for certiorari in Chestek PLLC v. Vidal, 2024 U.S. Lexis 3347 (2024), leaving in place the domicile […]

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