Tag Archives: Technology

Expand Your Brand

 

TM So you want to apply for a federal trademark to protect your brand. How does it work?  Does it cover all use of the brand?  These are a sampling of the questions I receive from entrepreneur’s and business owners looking to protect their brands.  Securing a federal trademark is a complicated but worthwhile process.  The Intellectual Property attorneys at Assouline & Berlowe take the time to explain the process to the brand owner so they understand what to expect and how to maximize their protection.

When applying for a federal trademark, you must pick the class of goods/services that your brand covers based on your existing use, or expected use, of the brand in commerce. For example, you own and operate a retail space where apparel is sold and you want to protect the brand name of the retail space (the name of the store).  You may want to seek protection in a services based trademark class for the bran associated with the retail space.  If the apparel sold at the retail space, the products, use the same brand, you may want to seek protection in a second product based class for the applicable apparel.  You can seek federal trademark protection in multiple classes of goods/services in the same application.  Generally, the scope of your federal protection is limited to the class of good/services in your federal trademark registration. Common law rights are handled differently.

In a recently released opinion, the Eleventh Circuit Court of Appeals held that a federal trademark registrant’s services based brand had extended protection related to goods. Savannah College of Art & Design, Inc. v Sportswear, Inc., 2017 U.S. App. LEXIS 19168 (11th Cir. Oct. 3, 2017).  The Court relied on a prior trademark case that extended protection of federally registered service marks to goods, despite little rational as to the basis for the expansion.  The Sportswear case stated that a federal registered service mark does not have to register that mark for goods to “establish the unrestricted validity and scope of the service mark, or to protect against another’s allegedly infringing of that mark on goods.” Id. at *15.  The registrant still needs to show the alleged infringer’s use of its brand is creating consumer confusion as to the source or origin of the brand. Notably, the Court did not discuss the “natural zone of expansion” doctrine, which can be used be extend a trademark owner’s rights into a new product line that is a natural expansion of their prior use.

While the Sportswear case helps trademark owners for services assert their rights for related goods, the optimal method of protection is registering the brand in the class from the outset.  As a trademark applicant, you can seek registration based on your actual use of the brand in a services field, while also applying for the same brand in a goods classes based upon your bona intent to use the brand in business in the future.  A well thought out branding strategy may include preserving your rights in a field that you plan to expand into.  While the trademark cannot register until you begin use of the brand in the applicable class, you can effectively preserve your place in line for up to three years (extending use in 6 month intervals) while you are preparing to use the brand in commerce.  Utilizing a trademark attorney helps you develop a branding strategy to maximize your protection now and for the future.  Don’t forget, a trademark is an asset and can have immense value. Just ask Apple and Google, whose brands are estimated to be worth $170B and $101B by Forbes, respectively.

For any questions about patents, trademarks, and copyrights, or IP generally, please contact Greg Popowitz below.  Follow him on Twitter @InventionAtty.

Greg M. Popowitz, Esq.

Registered Patent Attorney

AV Rated by Martindale-Hubbell

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

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Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

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Former U.S. Ambassador Discusses Technology & Miami as Global City

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Assouline & Berlowe Partner Peter E. Berlowe had the privilege of listening to firm friend Former U.S. Ambassador to Singapore Hon. Kirk Wagar speak last week at Pipeline Workspaces. Ambassador Wagar spoke about opportunities in South and Southeast Asia and how Miami can grow in to a truly global city.  In part, Ambassador Wagar discussed how driverless vehicles and related technology will begin to have far reaching implications for worldwide employment and economics over the next five to ten years.  Ambassador Wagar reflected upon the United States as the true world power, in part because of U.S. private business’ continued respect for business formalities and intellectual properties of the other countries in which they invest.  Pictured are Peter E. Berlowe, Hon. Kirk Wagar, and WLRN V.P. of News Tom Hudson.

For more information about the speech or related issues, please contact Mr. Berlowe at:

Peter E. Berlowe, Esq.

ASSOULINE & BERLOWE, P.A.

3250 Mary Street, Suite 100

Miami, Florida 33133

Main:  (305) 567-5576

Fax: (305) 567-9343

Email: PEB@AssoulineBerlowe.com

http://www.AssoulineBerlowe.com/

Intellectual Property, Labor & Employment Law, Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami • Ft. Lauderdale • Boca Raton

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Filed under Arbitration, Business Litigation, commercial litigation, Intellectual Property, International, Uncategorized

The Intersection of IP and Technology

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Registered Patent Attorney Greg Popowitz recently filmed a CLE focused on Understanding Intellectual Property (IP) and Attorneys’ use of Technology.  Greg discussed the important distinctions between patents, trademarks, copyrights, and trade secrets, along with the key considerations when attempting to secure protection for your IP.

The second part of the course is directed at what attorneys should look out for as they use technology. Greg discusses attorneys using efiling, the need to redact sensitive information, ediscovery, social media and websites, and cloud computing (confidentiality). The CLE goes over relevant portions of the Florida Rules of Civil Procedure and Florida Rules of Judicial Administration.

To learn more about the CLE and what CLE credits are available in your state, please visit the National Academy of Continuing Legal Education (NACLE) here.  NACLE is seeking technology credit in Florida as the new technology CLE requirement starts January 1 2017.

For any questions about patents, trademarks, and copyrights, or IP generally, please contact Greg Popowitz below.

Greg M. Popowitz, Esq.

Registered Patent Attorney

AV Rated by Martindale-Hubbell

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

LinkedIn  ||  Twitter

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

 

 

 

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Protect Your Tech: Florida Bar CLE Edition

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Earlier this month, I had the distinct pleasure to present at the Florida Bar Basic Technology CLE about how businesses, and their lawyers, can protect technology using Intellectual Property.  This was the first time a Florida Bar Basic CLE was focused on technology.  To keep the CLE interactive, the presentations included live tweeting using the #CLEHistory hashtag, interactive polls with the audience, and post presentation video outtakes.  The interactive nature of the CLE was perfect for a technology focused CLE.

My portion of the CLE focused on how technology is used protect intellectual property, with the focus on patents.  There are several options when determining how to use patent law to protect technology, from design patents to provisional and non-provisional utility patents.  There are key timetables and strategic considerations to assess when protecting your technology, both before and after the technology is finalized.

One of the interactive questions, pictured below,  I posted to the live audience was whether someone could put “patent pending” on a product as soon as a patent application was filed.  The question was posted during my presentation and the audience texted their results to get an immediate response to the question.  36% of the audience correctly chose the right answer of A – Yes.  Meaning you can put patent pending on a product as soon as you file a patent application.  However, the application must remain active, i.e. not abandoned, to continue marking the product as “patent pending.”  Notably, 44% of the audience thought patent pending depended on what type of patent application was filed.  This is not accurate as it does not matter if the patent application is design, provisional, or non-provisional.

assouline & belrlowe, interactive polling

There are many misconceptions about patent law and it is important to consult with a registered patent attorney to review your technology and plan to maximize your protection.  It was an honor to speak at the first Florida Bar Basic Technology CLE and I enjoyed the interactive nature of the CLE.  Check the Florida Bar CLE page as the Technology CLE will be available for download in the near future.

For questions about Intellectual Property matters involving Technology, contact  Greg Popowitz below.

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

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Patent Attorney: Honoring Citrix Systems Co-Founder & Georgia Tech Alumnus Ed Iacobucci

 

Georgia Tech Football Helmet - Patent Attorney Engineer

Georgia Tech Football Helmet – Patent Attorney Engineer

 

Most people have never heard of Ed Iacobucci and his contribution to the ever shifting paradigm that is technology.  But his vision and drive helped shape our society and how we do business.

A ramblin’ wreck from Georgia Tech, Iacobucci graduated from Tech with a bachelor’s degree in systems engineering.  He started his professional career at IBM in 1979 where he helped IBM enter the commercial software and personal computing markets.  He also led a joint IBM-Microsoft design team that paved the way for personal computer operating systems.  Later in his career, Iacobucci sat on the engineering advisory board for Georgia Tech.

In 1989, Iacobucci co-founded what is now Citrix Systems, Inc., a leading technology company headquartered in Fort Lauderdale, Florida with over 8,000 employees company-wide.  Citrix provides collaborating solutions that makes businesses more efficient.  Their cloud computing services, such as GoToMyPC and GoToMeeting, have significantly added to the development of the South Florida technology market.

Iacobucci was recognized as the top entrepreneur in the world when he received the 1998 Ernst & Young International Entrepreneur Award.    According to Iacobucci, “Every human being has his own vision of what’s happening in the future. I was lucky in that what I thought would happen did happen. When we know we can do it and the rest of the world doesn’t – that’s when things get interesting.”

If you didn’t know who Iacobucci was before his death, I hope you can fully appreciate his contribution to technology and that he was a helluva, helluva, helluva, helluva, hell of an engineer.

For more information about Intellectual Property litigation, the prosecution of patents/trademarks with the United States Patent and Trademark Office (USPTO), or general business litigation inquiries, my contact information is below.

Greg M. Popowitz

Registered Patent Attorney

00095290

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami • Ft. Lauderdale • Boca Raton

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New Patent Attorney Joins Assouline & Berlowe

00095290  Assouline & Berlowe is pleased to announce that Greg M. Popowitz has joined the firm as an associate.  Mr. Popowitz concentrates his practice in Patent Prosecution, Intellectual Property, and Business Litigation. Mr. Popowitz will be working in the firm’s Ft. Lauderdale / Dania Beach Office.

Formerly with the Gunster Yoakley law firm, Mr. Popowitz has experience in patent litigation, patent applications, patentability searches and opinions, and mortgage backed securities litigation.

Mr. Popowitz graduated from Nova Southeastern University Law School in 2009, with Honors, where he served as the Managing Editor of the ILSA Journal of International & Comparative Law. Mr. Popowitz has an engineering degree from Georgia Institute of Technology (Georgia Tech) where he focused his studies on Mechanical Engineering.

Mr. Popowitz serves as President of the Georgia Tech Fort Lauderdale Alumni Network and regularly organizes and participates in football game watches, volunteer events, Presidents Scholarship Program interviews, and student meet & greets.

Prior to attending law school, Mr. Popowitz was a product engineer for Visteon Corporation, a former subsidiary of Ford Motor Company, where his work focused on the manufacturing and design of chassis components. Mr. Popowitz worked on current/forward model driveshaft design, durability and prototype testing, and travelled to customer assembly plants to meet with management.

Mr. Popowitz’s Areas of Practice at Assouline & Berlowe will consist of:
Intellectual Property & Patent Litigation
Business Litigation
Patent, Trademark, and Copyright Registration

Mr. Popowitz’s Bar Admissions are:
• State of Florida
• U.S. Patent & Trademark Office, Registered Patent Attorney
• U.S. District Court Southern District of Florida
• U.S. District Court Middle District of Florida
• U.S. District Court Northern District of Florida

Mr. Popowitz’s Education consists of:
Nova Southeastern University, Davie, FL, J.D.
Managing Editor: ILSA Journal of International and Comparative Law
Organizing Committee: Turning the Inside Out: A Conversation with George McGovern and John B. Anderson – How Lincoln Influenced Society, A Lincoln Bicentennial Event
Recipient: Center for Computer-Assisted Legal Instruction (CALI) Award for American Legal History Seminar

The Georgia Institute of Technology, Atlanta, GA, B.S. Mechanical Engineering Professional Associations and Memberships
• Broward Six Pillars – Task Force on Talent Supply & Education
• American Bar Association (ABA)
• Broward County Bar Association

Please welcome Mr. Popowitz to the firm.

Sincerely,

Eric N. Assouline, Esq.

Litigation Partner
Assouline & Berlowe, P.A.

For additional information:

In Miami: 305-567-5576

In Broward: 954-929-1899

In Palm Beach: 561-361-6566

ERIC N. ASSOULINE, ESQ.

ASSOULINE & BERLOWE, P.A.

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

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Patents and Miami – The Next Tech Hub

As the firm continues to build its base of hard IP talent, an interesting editorial was written by one of Miami’s favorite sons, Manny Medina.

The following editorial was published in the Miami Herald and addresses many of the main issues that Miami need to address in order for Mr. Medina to accomplish his goal of making Miami a Technology Center for the Americas.

Miami can be Latin America’s technology hub

BY MANUEL D. MEDINA

http://www.tfamericas.org

More than 500 of the top executives in South Florida were in the audience a year ago when I made the statement that was a sobering realization for a group that had convened to celebrate the great achievements the technology industry had enjoyed in the previous year. I myself cringed when I said bluntly, “Miami does NOT have tech.”

As someone with a deep, enduring love for Miami and the head of one of the few publicly traded technology companies in this community, nothing caused me more frustration over the years than the fact that our community has not been able to take advantage of our differentiators to elevate the IT sector to the level of economic staples like tourism, real estate and construction.

There have been some tremendous strides made to help foster a growing tech sector, but these efforts are just the beginning of what must be achieved to elevate South Florida in the context of the broader technology ecosystem.

Where we are today in technology mirrors the opportunity facing our community a decade ago when the organizers of Art Basel decided to launch the event here. For much of its history, Miami was never considered a major center for arts and culture. Yet today our community hosts tens of thousands of visitors every year for the premier art show in the Western Hemisphere. More importantly, Art Basel served as the catalyst that led to the development of an arts and culture industry that contributes millions of dollars and thousands of jobs to the local economy. If we can do the same thing in technology the impact will be truly game changing for South Florida.

The good news is that today we have the perfect opportunity to establish our region as the tech hub I know it can be. Our geography makes us the ideal bridge to connect Latin America and the world as the traditional large technology vendors chase growth in new emerging markets and highly skilled IT professionals with a strong entrepreneurial spirit from throughout the Americas look for opportunities to tap into the global marketplace. I firmly believe that if we act now, in a concerted and unified fashion, we can make Miami the center for technology innovation for the Americas.

In order to become a technology hub that compliments the mature ecosystems of Silicon Valley, Research Triangle, and London, there are four critical areas that we must advance.

First, we must enhance the world-class education our students are receiving by focusing on the areas that will drive technology-based employment opportunities in the 21st century. To do this we must instill a strong sense of curiosity in our children about how the technologies that convert 1’s and 0’s into the applications that make everything from mobile banking to angry birds flying across the screen possible.

Second, we must continue the momentum in nurturing the entrepreneurs and startups that have tremendous potential to be the next Facebook or Twitter. There are many intrepid young minds in our community that are working tirelessly to take their unique ideas and make them into thriving businesses. We need to continue providing the service that will accelerate their success.

Third, our community needs the institutional funding mechanism to finance these burgeoning companies so they don’t need to relocate to attract the financial resources needed to take their enterprises to the next stage. Access to capital beyond angel investments is critical to providing entrepreneurs with a clear path to business success without ever having to leave South Florida.

Finally, we have to retain the talented technology employees our universities are producing and bring back the thousands of sophisticated workers that have left Miami for greater opportunities in other areas of the world. Miami is one of the best places in the world to live, play and work — let’s make a concerted effort to keep the talent we’re nurturing so they can serve as the fuel that takes our economy to new heights.

To make this a reality, I am putting my money where my mouth is. Along with many of Miami’s community and business leaders, we have created the Technology Foundation of the Americas — a non-profit organization whose mission is to serve as the catalyst for establishing Miami as the technology hub for the Americas. Our foundation’s primary focus today is in launching the preeminent technology conference focused on emerging technologies impacting the Latin American market. Starting in May of 2014 this annual conference, eMerge Americas, will attract thousands of technology leaders from across the Americas to Miami to hear about the latest trends driving areas like cloud computing, cybersecurity and mobile applications; to meet with their peers, customers and partners; and to enjoy all the fun and entertainment our community has to offer.

To validate the immense impact we believe this conference can have on our local economy, we have commissioned an economic impact study that took a conservative approach and predicts the event has the potential to help bring approximately 17,000 additional jobs in the high tech and related industries over the next 10 years; generate $1.6 billion in growth to Miami-Dade County’s GDP from the eMerge Americas conference and the economic development impact directly tied to the event; and bring $2.4 billion in additional local sales over the first 10 years the conference is held.

This is a herculean effort that will require the hard work and support of the public and private institutions that are at the core of our community. With the help of key leaders and organizations throughout South Florida, we can effect the change needed to make sure that in the near future we can all say with conviction “Miami has tech!”

Manuel D. Medina is the founding and managing partner of Medina Capital. For more information about the Technology Foundation of the Americas, please visit http://www.tfamericas.org.

I hope to see you there.

Sincerely,

Eric N. Assouline, Esq.

Litigation Partner
Assouline & Berlowe, P.A.

For additional information:

In Miami: 305-567-5576

In Broward: 954-929-1899

In Palm Beach: 561-361-6566

ERIC N. ASSOULINE, ESQ.

ASSOULINE & BERLOWE, P.A.

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

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