Harper & Bates LLP partner Scott Harper examines Stone Brewing Co., LLC v. MillerCoors LLC in a recent article for Beer Connoisseur. Titled “The Stone Brewing v. MillerCoors Lawsuit: Who Cast the First Stone,” Harper provides insight as to where the trademark infringement lawsuit might go given the case is in the early stages. Harper writes that “One of the…
Harper & Bates LLP partner Shannon Bates was recently published in Manufacturing Engineering, a magazine serving U.S. engineers and other manufacturing professionals. The article, “A Legal, Cultural Framework for Protecting Innovation, IP,” discusses the importance of developing a framework for safeguarding IP assets through patent or trade secret protections, as well as how patents and trade secrets differ…
A version of this article, which was written by Austin Champion, originally appeared in the April 2017 edition of Texas Lawyer. With the enactment of the Defend Trade Secrets Act of 2016 (DTSA), federal courts are now wide open for trade secret litigation. Nearly a year later, courts have already started interpreting the act, providing…
The U.S. Supreme Court provided additional guidance on what industrial designs can and cannot be copyrighted in a recent decision involving cheerleading uniforms. Courts previously interpreted the Copyright Act as providing copyright protection for original works of art but not for industrial designs. In Star Athletica v. Varsity Brands, the court clarified where art ends…
On July 11, the Federal Circuit clarified and limited the reach of the on-sale bar to patentability, which provides that an invention cannot be patented if, more than one year prior to the patent filing, it was: (1) the subject of a commercial offer for sale; and (2) ready for patenting. Focusing on the first…
Copyright is a term used to describe a legally recognized property right in a creative work.[i] Copyright law protects an author’s “original works of authorship,” including literary, musical, dramatic, choreographic, pictorial, audiovisual, sound recordings, and architectural works.[ii] Copyrights essentially protect artistic, original expression. The Constitution expressly protects copyrights by stating that “Congress shall have Power . .…
A trademark is a designation used to identify and distinguish the goods of one person from those of another.[i] Trademark law generally encompasses several types of identifying marks, such as trademarks on goods, service marks and trade dress.[ii] Federal law governs trademarks under the Lanham Act, 15 U.S.C.[iii] Unlike patents and copyrights, the Constitution does not specifically grant…
The 21st century economy presents various challenges to the modern business owner. Whether one is a small local merchant or a multinational corporation providing goods and services around the world, business owners must identify and protect their business assets to maintain a competitive advantage in the marketplace. “Ideation” and “monetization” are watchwords used to spur innovation…