A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights.
Intellectual property (IP) law allows individuals, in certain circumstances, to protect “creations of the mind,” providing the owner with exclusive ownership and the right to monetize in various ways, depending on the type of IP at issue. When considering protection for IP in the equine industry, trademarks, copyrights, and rights of publicity most immediately come to mind. But there is another type of intellectual property protection, often overlooked, that can be a powerful tool – design patents.
The Canadian Trademarks Office (TMO) has taken several steps to reduce the backlog of trademark applications awaiting examination that now exceeds 39 months for national applications.
Imagine this: what if Dutch Formula-1 racecar driver Max Verstappen would deliver your groceries? That would be something, right? Although – according to a 2016 commercial – when doing so, Verstappen unfortunately would not be driving his Formula-1 racing car, but rather a plain and ordinary delivery truck. Even still, with Verstappen behind the wheel, your groceries would most likely arrive at your doorstep faster than ever before.
By now you may have heard about NFTs: the new cryptographic asset that is having a major impact in many industries and is likely to continue to do so for many years.
As noted in our previous post, Understanding NFTs, when you buy a NFT, you are buying the token, but you may not necessarily be buying the underlying digital asset.
The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to the prosecution of trademark applications before the United States Patent and Trademark Office (“USPTO”). Several of these changes took effect in December 2021, while other changes will be implemented later this year.
The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules. These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics.
In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol.
On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. Securities and Exchange Comm’n, in which it examined the constitutionality of an agency civil money penalty enforcement proceeding.
On May 13, 2022, the U.S. Treasury (“Treasury”) released its 2022 Strategy for Combatting Terrorist and Other Illicit Financing (“2022 Strategy”). The proposed 2022 Strategy, prepared pursuant to Sections 261 and 262 of the Countering America’s Adversaries Through Sanctions Act (CAATSA), outlines four goals to address the key risks identified by the 2022 National Money Laundering, Terrorist Financing, and Proliferation Financing Risk Assessments:
Following consumer trends and fueled by the pandemic and related loosening of restrictions on in-state retailer alcohol delivery regulations, the marketplace for alcohol delivery services has expanded exponentially over the last several years and shows no signs of slowing down.
On 1 August 2022, the Act implementing the EU Directive on Transparent and Predictable Working Conditions (the Act) likely will enter into force, as EU Member States have until that date to implement the directive into their own national laws.
On March 21, 2022, the U.S. District Court for the Eastern District of Tennessee invalidated Notice 2016-66 for failing to comply with the Administrative Procedure Act (APA) and granted broad injunctive relief requiring the IRS to return to taxpayers and material advisors the documents and information obtained improperly under the Notice.
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