SME Business Leaders should read this article to: Reframe AI as strategic capital Learn to monetize AI investments Understand IP protections for AI assets Improve investor confidence and valuation Implement a 90-day AI governance plan Legal Advisors should read this article to: Build layered AI IP strategies Draft enforceable AI licensing contracts Guide SMEs on […]
Trademarks
Business Intelligence – A Key Strategy in the Battle Against Counterfeit Goods in the Supply Chain – Part 2
As I shared in Part 1 of my article Business Intelligence – A Key Strategy in the Battle Against Counterfeit Goods in the Supply Chain, identifying counterfeit goods is the first step in the battle. But removing one batch of counterfeit goods won’t stop the next batch from appearing. In order to fight back, some […]
Business Intelligence – A Key Strategy in the Battle Against Counterfeit Goods in the Supply Chain (Part 1 of 2)
According to the Organization for Economic Cooperation and Development (OECD), the international forum composed of 37 democracies with market-based economies, counterfeit and pirated goods represent approximately 3.3% of all global trade volume. Counterfeit goods may not only infringe patents, trademarks, copyrights, and other forms of intellectual property but pose a great reputational risk to the […]
Intellectual Property Valuation & Technical Insights: A Path to Successfully Raising Capital
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 […]
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 […]