A valuation of intellectual property (IP) may be important when raising capital because it helps to determine the value of a company's most valuable assets – its intangibles. Historically, capital providers would look to the value of a company’s hard assets (such as property, plant, and equipment) to gain comfort before investing in or lending […]
Trademarks
Intellectual Property Issues in Buy/Sell Agreements
Intellectual property (IP) refers to intangible assets such as patents, trademarks, copyrights, and trade secrets. These assets increasingly represent significant, material value of businesses, and as such, they need to be properly protected and managed in buy/sell agreements. In a buy/sell agreement, the seller is often required to transfer ownership of any IP that is […]
SCOTUS to Hear Case on Damages for Trademark Violations Based on Foreign Sales
In 2023, the U.S. Supreme Court (SCOTUS) will take up what could prove a landmark case on the reach of U.S. courts in awarding damages based on extraterritorial sales in trademark disputes. The case is Abitron Austria GmbH, et al. v. Hetronic International, Inc., Docket 21-1043. Hetronic manufactures construction equipment components. By agreement, Arbitron and […]
Trade Secrets Reasonable Measures
As reflected in the Ocean Tomo Intangible Asset Market Value study, intangible assets are now responsible for 90% of all business value, much of which is represented by registered Intellectual property (IP) – patents, trademarks and copyrights. Beyond these registered IP rights, other intangible assets would include trade secrets (which are sometimes called “know-how” or […]
U.S. Trademark Developments: Fraudulent Filings
For the benefit of Ocean Tomo and our clients, I follow trademark related news and developments within the United States Patent and Trademark Office (USPTO), the courts, other organizations such as the World Intellectual Property Organization (WIPO) and the Licensing Executives Society (LES), and in commerce generally. There are over 2.9 million marks registered and […]
Ocean Tomo Bid-Ask Market: Mid-Year Update
The Ocean Tomo Bid-Ask™ Market is an open online platform to buy and sell patents and other Intellectual Property (IP). This market is an important step forward, both as a simplified solution for patent transactions and a source of information on patent pricing. The Ocean Tomo Bid-Ask Market uniquely combines the efficiency of an online […]
Ocean Tomo releases Blockchain and Cryptocurrency Industry Report
Earlier today, Ocean Tomo released its Blockchain and Cryptocurrency Industry Report focused on significant market opportunities and trends. Attention is given to the increasing importance of intangible asset protection inherent in the complex blockchain and cryptocurrency marketplace. The exponential expansion of blockchain related patents, the evolving regulatory environment, and capital market growth make attention to […]
Ocean Tomo Releases Cannabis Industry Report
Earlier today, Ocean Tomo released its Cannabis Industry Report focused on the significant market opportunities and trends in this burgeoning industry. Attention is given to the increasing importance of intangible asset protection inherent in the complex cannabis marketplace. The development of the cannabis industry has been rapid, and with recent state legislative support, many competitors […]