Firm News
May 12, 2021 12:25 EDT
By David S. Taylor, Esq.
Trademark Modernization Act (TMA)
On Dec. 27, 2020, President Trump signed the Trademark Modernization Act (TMA) as part of a bill containing billions in pandemic relief. The TMA includes the most significant changes to the Lanham Act in perhaps over thirty years, and these changes will take effect at the end of 2021.
May 12, 2021 12:15 EDT
By David S. Taylor, Esq.
A Reminder Regarding the Importance of Product Marking
Section 287(a) of Title 35 U.S.C. states that a patent owner may provide notice that an article imported or offered for sale is covered by a U.S. patent. Failure to so mark a patented article adversely affects the ability of the patent owner to obtain damages for infringement occurring prior to litigation, except on proof that the infringer was notified of the infringement before litigation was brought and continued to infringe thereafter.
December 23, 2020 11:00 EDT
By Mark M. Brandsdorfer, Esq.
IRS Introduces a New 1099 Form for Non-Employee Compensation (Form 1099-NEC)
The IRS has added a new 1099 form to its collection that will impact anyone who reported non-employee compensation (i.e. compensation to outside contractors) in prior years on Form 1099-MISC, Form 1099-NEC for non-employee compensation. This additional form also necessitated an update to Form 1096.
December 23, 2020 11:00 EDT
By Mark M. Brandsdorfer, Esq.
IRS Revises Form 1099-MISC Reporting Miscellaneous Income
For Tax Year 2020, the IRS has substantially revised Form 1099-MISC Miscellaneous Income. Form 1099-MISC has been extensively redesigned and renumbered. Non-employee compensation (NEC) is no longer reported on this form. This will impact anyone who reported non-employee compensation (i.e. compensation to outside contractors) in prior years on Form 1099-MISC. The addition of the new Form 1099 for non-employee compensation also necessitated an update to Form 1096.
July 23, 2020 11:40 EDT
By David S. Taylor, Esq.
U.S. Supreme Court Upholds Federal Registration of GENERIC.COM-Styled Trademark
It is a longstanding principle of U.S. trademark law that terms that generically name a class of products or services are ineligible for federal trademark registration. The U.S. Patent & Trademark Office (“PTO”) has long taken the stance that the addition of a “.com” suffix to a generic term is likewise registration ineligible.
July 6, 2020 11:24 EDT
By David S. Taylor, Esq.
U.S. Patent and Trademark Office (“PTO”) Announces Expedited Appeals
On July 2, 2020, the U.S. Patent & Trademark Office (“PTO”) announced a Fast-Track Appeals Pilot Program that allows patent applicants to have
their ex parte appeals decided by the Patent Trial and Appeal Board (“PTAB”) within six months from the date an appeal is entered into the Pilot Program.