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The Importance of Conducting Due Diligence When Considering Buying Intellectual Property Assets

Susan Dierenfeldt-Troy

The potential Buyer of a business's or an individual’s intellectual property (IP) assets should conduct due diligence to ensure that the Seller does indeed own these IP assets outright and therefore has the legal right to transfer ownership of the IP assets to the Buyer. Otherwise, the Buyer could end up in a situation where its ownership rights are questionable, thereby making it extremely difficult to go after Read More

Intellectual Property Rights Are Transferable Rights Under Successions Law & Trust Law

Susan Dierenfeldt-Troy

Did you know patents and copyrights can be transferred to heirs and trusts? The past month I received calls from two individuals – one had lost a husband in a tragic accident after only five year of marriage and has a three-month-old-child. The other was one of the sons of widowed parent who passed away after a long illness. Both decedents were inventors and had applied for and received patents. The first decedent Read More

BLANDING: THE NEXT ERA OF BRANDING? 3 MARKETING AND TRADEMARK LAW FACTORS TO CONSIDER BEFORE YOU BLAND

Susan Dierenfeldt-Troy

As part of a branding trend, a growing number of companies (e.g., Burberry London England) are trending towards using more austere logos, i.e., logos which are designed to blend in and not stand out.  The trend seems contrary to the very purpose of trademark law where trademarked brands and logos have traditionally derived their value from their ability to enable consumers to readily identify the source of a product Read More

ABUSIVE BEHAVIOR INVOLVING TRADE SECRETS THEFT LANDS PHILLIPS 66 IN HOT FINANCIAL WATER: TIPS FOR PROTECTING TRADE SECRETS DURING BUSINESS NEGOTIATIONS

Susan Dierenfeldt-Troy

Contract law recognizes that the concepts of good faith and fair dealing are an unspoken aspect of every contract.  Yet, I tell clients that the best drafted contract in the world will not prevent bad actors from breaching the contract.  Dishonest conduct by the receiving party of proprietary information under the terms of an NDA can have particularly devastating effects for the NDA’s disclosing Read More

BONA FIDE INTENT IN TRADEMARK LAW DOES NOT MEAN WISHFUL THINKING!

Susan Dierenfeldt-Troy

I previously posted a blog which included a discussion on the meaning of bona fide intent in trademark law for intent-to-use (“1B”) applications.  Click here to view the blog.    Two recent July 2025 decisions by the Trademark Trial and Appeal Board (“the Board”) in ABC-Champion LLC v. Derek Buzak and Disney Enterprises., Inc. v. RH Lemonande drive home the point that an applicant’s mere representation of bona fide Read More

Could You be Engaging in the Unauthorized Use of Images in Your Marketing Materials? If Yes, You May Have a Budding Copyright Infringement Problem!

Susan Dierenfeldt-Troy

Take Home Points Verify that any images being used in your or your company’s marketing materials (e.g., websites, branding campaigns, print copies, blogs, etc.) are safe to use from a copyright law perspective. If not, consider your options which may involve removing the images and starting anew or taking steps to obtain the authorization to use the images.  Locate and retain copies of licenses for any stock images Read More

Software and AI Claims Drafting After Fintiv v. Paypal

Susan Dierenfeldt-Troy

            On April 30, 2025 in the case of Fintiv, Inc. v. Paypal Holdings, Inc. the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the lower court’s holding that claims in several of Fintiv’s patents were indefinite and thus invalid under 35 U.S.C. § 112, sixth paragraph.  The case originated as a patent infringement case against Paypal Holdings, Inc.  This decision is of interest because the Read More

Trademark Registration Pitfalls: Not Understanding that Certain International Classifications Are Considered Closely Related by the USPTO for Likelihood of Confusion Purposes

Susan Dierenfeldt-Troy

Take Home Points:  1. The trademark registration process is not as simple as it seems. Many factors can enter into the calculus and caution should be used when applying for a registered mark where the proposed mark consists of words already in use for the same or overlapping products.   2. A registered trademark is the owner’s brand and a valuable business asset. It is incumbent upon branding professionals to work Read More

PROVISIONAL RIGHTS IN PENDING PATENT APPLICATIONS

Susan Dierenfeldt-Troy

Introduction The patent procurement process is not an easy road.  The importance of prior art to claims' patentability, the ability of patented claims to withstand challenges during the patent's lifetime, and the ability of the patentee to prevail in an infringement lawsuit cannot be overestimated.  This blog uses the example of provisional rights in pending patent applications to demonstrate the importance of prior Read More

BUSINESS-OWNED TRADEMARKS: BREAKING UP IS HARD TO DO

Susan Dierenfeldt-Troy

INTRODUCTION In the opposition proceeding of CPR Certification, LLC v. CPR, LLC (Opposition No. 91276058) before the Trademark Trial and Appeal Board (“the Board”), the opposer attempted to rely on an LLC dissolution agreement to prevent registration of the applied-for trademark.  The principals of the two parties to the opposition proceeding were former business partners. On Feb. 25, 2025, the Board Read More

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