New Shareholder at Holzer Patel Drennan
Tera Smith has joined Rick, Chirag and Eric as the newest Shareholder of Holzer Patel Drennan. Tera will be taking on her new responsibilities at the start of the new year. Congratulations Tera, we’re so happy to have you!
Chirag Patel and Judith Keene spoke with Harris Law Firm October 30th, regarding intellectual property and it’s connection with domestic relations law. Pictured are Chirag Pate, Peter Goldstein, and Judith Keene.
Habitat for Humanity Volunteer Day
Holzer Patel Drennan has been participating in a Habitat for Humanity build day for the past four years. This year, the build was October 27th in the Sheridan neighborhood of Denver, just south of Highway 285. Thanks to the participating members and here’s to many more builds!
Holzer Patel Drennan would like to congratulate our client RuMe for being selected as a finalist for the Denver Business Journal’s Fast 50 for 2017. We are excited to support RuMe in their growth by helping to file and prosecute their patent and trademark applications. Congratulations!
Congratulations Amy, for passing the Bar Exam! Cheers!
Congratulations to Terri Moore-Natal for winning a scholarship to attend the Mile High ALA 2017 Annual Chapter Education Retreat. Terri has been an active member on the MHC ALA Professional Development Committee since she co-Chaired/Chaired in 2014. The retreat starts October 20 and goes through October 21. Congratulations, Terri!
Congratulations to Rick Holzer who has been elected to a two-year term as a Councillor of the International Business Law Consortium (IBLC). Both he and Chirag also founded the Intellectual Property Practice Group of the IBLC in 2015.
Rick Holzer has completed his term as President of the Colorado Intellectual Property American Inn of Court and will be serving for one year on the Executive Committee as the Immediate Past President. Click here for more information.
Welcome to Amy Deveraux
Welcome to our new Attorney, Amy Deveraux! Amy has both been an intern and an extern with HPD while earning her law degree from the University of Denver, Sturm College of Law. Amy has officially joined us starting September 5, 2017. Welcome to the team!
Presentation at 2017 National Summer Teachers Institute
As members of the Colorado IP American Inn of Court, Judi Keene and Richard Holzer presented on July 20, 2017 to educators at the 2017 National Summer Teacher Institute held at the University of Denver and sponsored by the United States Patent and Trademark Office. The presentation was entitled “IP for Apps” and focused on intellectual property considerations for a mobile application business. Rick also participated as an Innovation Judge in the eventing invention competition.
Seagate Outside Summit
Rick, Chirag, and Solo attended the Seagate Outside Counsel Summit this May 23, in Bloomington, MN.
Colfax Marathon 2017
Congrats to the runners of the Colfax Marathon 2017!
AIPLA Women in IP Global Networking Event
HPD will be hosting the 2017 annual AIPLA Women in IP Global Networking Event at the Rocky Mountain USPTO from 5:00-7:30, May 4th. The event will include a networking session, roll call and video, and will be highlighted by our keynote speaker, Maureen Berkner Boyt and her Lead with Moxie workshop. Click here to view the invite.
Richard Holzer Teaching Class at CU Boulder
Rick Holzer will be presenting tonight for the EMEN 5400: Product Development & Design graduate class at CU Boulder from 5:30 – 8:00pm. He will be speaking to students about Patents, Copyrights, Trademarks, & Trade Secrets; The Patent Process; and IP Strategy & Portfolio Development. This presentation will be recorded and played for the EMEN 5830 class at a later date.
Tea for Women in Law
Mara will be attending The Justice Esther M. Tomljanovich ’55 Tea for Women in Law today from 3-7 at the Mitchell Hamline School of Law. Click here to view the event details.
Designs on Cheerleading Uniforms Protectable by US Copyright Law
Click here to read Judith Keene’s article on copyright law.
IBLC Meeting in Jerusalem
The International Business Law Consortium Spring Business Meeting this year will be attended by Chirag Patel and Richard Holzer. The meeting is taking place in Jerusalem, Israel and Nicosia, Cypress on March 19-21. Click here for more details.
Testimonial from Black’s Smuggler Winery
“We recently were reviewed by a trademark attorney who was presenting at our annual New Mexico Wine and Vine conference. We received exceptionally high marks for being the business that “Did it right” with regards to our trademark and branding. Thank you for your help.” –Tony Black, Owner, Black’s Smuggler Winery
New Rules for Trademark Applications at USPTO
Effective February 17, 2017, new rules will be in place at the US Patent and Trademark Office (USPTO) affecting Section 8 affidavits of use for trademark applications and registrations. “The USPTO may require the submission of information, exhibits, affidavits or declarations, and such additional specimens of use as may be reasonably necessary for the USPTO to ensure that the register accurately reflects marks that are in use in commerce in the United States for all the goods/services identified in the registrations.”
Before this date, trademark registrants and applicants only needed to provide a specimen of one of the goods or services listed in each international classification. We suggest that registrants and applicants provide a specimen for each of the goods and services listed in an application or registration to reduce requests for additional information. If registrants and applicants are not using a trademark in connection with applied-for or registered goods and services, or cannot prove such use, those should be deleted.
When it would be overly burdensome to provide specimens for every good and/or service listed in an application, we suggest that such specimens be maintained in the applicant or registrant’s files in the event of a request for more information from the USPTO.
Richard Holzer, Adjunct Professor
Rick Holzer will teach as an Adjunct Professor at the University of Denver, Sturm College of Law for the Spring semester of 2017.
Richard Holzer “Barrister’s Best 2016” in Law Week Colorado
Congratulations to Rick Holzer who is this year’s People’s Choice “Best Intellectual Property Lawyer (Non-Litigator)” in the Barrister’s Best 2016 Law Week Colorado. Click to view the article snippet and announcement.
HolzerIPLaw, PC is now Doing Business as Holzer Patel Drennan
HolzerIPLaw will now be known as HOLZER PATEL DRENNAN going forward. Our new name better reflects our management structure by recognizing each partner in the firm. There will be no further alteration to our policies or how we execute our business practices, however our website and email addresses will adjust to emulate our name change: www.hpdlaw.com and @hpdlaw.com.
Overcoming §103 Rejections of Software and Electronics Related Patents: Leveraging Recent Decisions and USPTO Guidance
Chirag Patel will participate in a live CLE webinar on Thursday, October 6 @ 1:00pm EDT along with Charles Bieneman, Member at Bejin Bieneman. They will provide guidance for patent counsel for overcoming §103 rejections for software and electronics related patents. Click here for more details.
Converse & Jim Beam
After Converse filed suit against multiple shoe retailers and shoe companies for use of its trademarked Chuck Taylor shoe design, the International Trade Commission (ITC) has invalidated the trademark. The ITC noted that evidence of similar looking shoes designed by competitors over the past eighty years weighs strongly against a finding of secondary meaning, which is necessary to successfully enforce the trademark. In other trademark news, the Ninth Circuit revived a trademark case against Jim Beam for trademark infringement for the Pucker logo. The plaintiff, the maker of Johnny Love Vodka uses lips in its logo as well. The District Court initially dismissed the Case on summary judgment, but the Ninth Circuit held that the District Court used the wrong standard to decide summary judgment because burden was placed on the plaintiff to prove the merits of the claims. The Ninth Circuit also noted that a genuine issue of material fact remained regarding likelihood of confusion, sending the case back to the District Court for trial.
Celebrating 5 Years!
HolzerIPLaw is now celebrating its 5th Anniversary! We celebrated in style with a beer tasting and excellent food:
Brexit Impact on Patents
With the United Kingdom’s popular vote in support of leaving the European Union (EU) on June 23, 2016, questions may arise about the effect the referendum, and the UK’s possible exit from the EU, may have on UK and European patent rights and procedures. As it stands now, little will change.
The referendum was effectively an opinion poll. Should the UK government proceed with exiting the EU, Article 50 of the Treaty on European Union provides an extendable 2-year period for a leaving state to negotiate an exit with the other member states. During that time the UK will remain a part of the EU, with all applicable rights, privileges, and obligations. Other aspects of the exit may continue for several more years, including, for example, the negotiation of a new trade agreement.
Currently, patent applicants may seek protection in the United Kingdom (a) by filing a national patent application at the UK Intellectual Property Office or (b) by filing a European patent application at the European Patent Office (EPO). The EPO is not a European Union institution, being established instead by a separate multilateral treaty, the European Patent Convention (EPC). Even if the UK is no longer a member of the EU, it will presumably still be a member of the EPO, allowing the UK patent attorneys to continue representing clients at the EPO. Under the EPC, a European patent, once granted, will still exist as a bundle of national rights that must be validated, maintained, and enforced in each selected EPC country. Patent filing, prosecution, maintenance, and enforcement will, therefore, be largely unaffected in the near term.
The UK’s potential exit from the EU may nevertheless impact certain aspects of UK and EU patent law in the future. Even the referendum’s outcome itself may delay or chill introduction of a new unitary patent and the Unified Patent Court in Europe. In addition, after exiting the EU, UK courts and lawmakers may abandon certain EU doctrines and perspectives of patent law. For example, the EU principle of free movement of goods, as embodied in rules on parallel imports, may no longer be recognized by UK courts. Likewise, UK lawmakers may choose to revise the UK’s national patent laws in a manner that is inconsistent with current EU principles, particularly in biotechnology and the life sciences where the UK and the EU have already experienced disagreements.
As such, while significant immediate effects appear unlikely, the referendum’s outcome and the potential UK exit from the EU present reasons for re-evaluating patent strategies in order to anticipate possible patent law changes in both the UK and the EU.
HolzerIPLaw, PC Press Release:
Do you need to update your confidentiality agreements and trade secret policies?
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), creating a US federal cause of action for trade secret misappropriation. We believe that this new law may have an impact on many of our clients who possess and protect their confidential information.
It is important to note that the new law requires that both employees and independent contractors be notified of certain exemptions in the confidentiality of trade secrets. Without proper notification, employers risk the loss of punitive damages and attorney’s fees that they may have been otherwise able to collect in an action for misappropriation of trade secrets. This requirement applies to all agreements that are entered into or updated after May 11, 2016.
If you have concerns about whether this new law affects you, please contact our office.
Judith Keene, Esq.
This Press Release is for informational purposes only and is not intended to be legal advice. If you have specific legal questions, please contact a qualified practitioner.
Colfax Marathon 2016
HolzerIPLaw participated in the 2016 Colfax Marathon with two relay teams. Team one had a finish time of 4:02:56 while Team two finished at 4:55:39. Congrats to all participants!
Defend Trade Secrets Act 2016
The House and Senate passed the Defend Trade Secrets Act of 2016, effective April 27, 2016. (S. 1890)
The bill will now go to President Obama for approval – which is expected. Trade secrets have previously been protected by stat laws in the U.S. This bill would amend the Economic Espionage Act of 1996 to permit a private federal civil action for misappropriation of a trade secret that is “related to a product or service used in, or intended for use in, interstate or foreign commerce.” The bill allows for seizure of property as necessary to prevent “propagation or dissemination” of the trade secret.
In a hearing, the Court may:
- Grant an injunction as appropriate to prevent misappropriation
- Award damages for actual losses
- Award damages for unjust enrichment caused by the misappropriation (no duplicative recovery)
- Grant a reasonable royalty in lieu of damages
In addition, if the trade secret it “willfully and maliciously misappropriated,” the Court may award exemplary damages – not more than 2x the amount of damages awarded.
Finally, if a claimant makes a claim of misappropriation in bad faith or in cases of willful misappropriation, the court may award reasonable attorney’s fees to the prevailing party. Additional provisions exist. This federal right of action would not supersede state actions, but gives claimants an additional venue.
IBLC Meeting in Peru
At the spring meeting of the International Business Law Consortium (IBLC) in Lima, Peru, Chirag Patel will be moderating a panel discussion on TransPacific Partnership (TPP) agreement. While the TPP has been controversial in some of the participating countries, especially USA, most observers believe that it will be ratified by all member countries.
During the panel discussion, Rick Holzer will address the IP provisions of the TPP and Chirag Patel will address the eCommerce provisions of the TPP as to how they affect businesses in participating countries, especially United States. John Pinney of GraydonHead (Cincinnati, OH) will be discussing the dispute resolution provisions of the TPP, Fernando Rivadeneyra of Vidaur Mora Espinosa (Mexico) will discuss the environmental law related provisions of the TPP, Carlos Alayza of Alayza Consulters Legales (Lima, Peru) will be discussing the Peruvian perspective of TPP, and Roderick McCloy of SHK Law Corporation (Canada) will be discussing the Canadian perspective of the TPP.
First Steps: What is a trademark?
Click here to read Judith Keene’s article on basic protection methods for your trademark.
2016 Annual Conference & Expo: Leading the Business of Law
Cathi VanFleet has won a scholarship from the local Association of Legal Administration chapter to join in the 2016 Annual Conference & Expo. The conference will be held in Los Angeles, California at the Los Angeles Convention Center May 22-25, 2016. Click here to find out more.