Intellectual Property

Tuesday, December 20, 2016


By: Aaron Riedel


This blog post is a practical exploration of cross branding relationships and the basic legal underpinnings of putting together a cross branding agreement. Not every issue or legal topic is covered. This blog post is not meant to be legal advice, but may be considered attorney advertising.

What is Cross Branding?

Cross branding is when two or more companies work together to promote each other’s products or services to maximize publicity and/or revenue for both companies. Cross branding deals come in many forms - on products themselves, in TV advertising campaigns and sponsorships, and in physical retail displays.

Read more . . .

Monday, August 1, 2016

Louis Vuitton Changes Its Packaging Colors

Louis Vuitton just announced that it will no longer use its traditional and distinctive brown for the packaging of its luxury fashion apparel and goods. Instead, Louis Vuitton will employ new packaging designs that include “Imperial Saffron” colored boxes and bags, featuring blue ribbons and handles.

As discussed in two of our previous posts, trade dress protection (an extension of trademark law) can protect

Read more . . .

Sunday, April 3, 2016

Unlocking the Iphone


On December 2, 2015, tragedy struck in San Bernardino, California when Syed Rizwan Farook and his wife, Tashfeen Malik, shot and killed 14 people and seriously injured 22 others during a training event at the San Bernardino County Department of Public Health.  In the months following this horrific and tragic attack, a great debate was sparked around the world concerning the boundaries of a  person’s right to privacy.

Read more . . .

Friday, March 18, 2016

Privacy vs. The First Amendment in Media


Recently, concerns over First Amendment rights issues have been made public regarding an individual person’s right to freedom of the press and how that right may conflict with an individual’s right to privacy.  This issue is magnified when a celebrity or a public figure makes a claim concerning their right to privacy.  In this type of unique situation with celebrities and public figures, courts have often ruled in favor of the individual who claimed their right to freedom of the press.  The rationale behind the courts’ decision includes the fact that celebrities do not have a right to privacy when it involves newsworthy matters.  This leads us to question where the line should be drawn between these two First Amendment rights.

Read more . . .

Sunday, September 27, 2015

Three Reasons why Startups Incorporate in Delaware

Almost 1 million businesses are incorporated in Delaware . Additionally, more then half of all fortune 500 companies are incorporated in Delaware.  Since most founders have a plan for world domination, they tend to follow the path of other successful companies and form their corporations in Delaware, not really understanding why. At the request of many entrepreneurs, I wanted to quickly go over some of the main advantages of incorporating in Delaware...


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    Thursday, August 13, 2015

    What are "IP-Box" Regimes?

    What is it?

    Generally speaking, an “IP-Box” regime (sometimes called an “Innovation-Box”) is a country’s grant of a low tax rate on profits made from a company’s intellectual property. The intellectual property covered can include patents, copyrights, and trademarks, depending upon the country. There are also “Patent Box” regimes that are specifically for patents (one of which is specifically discussed below). These tax rates are set by each country and can vary, but even be as low as 5%. Ireland was the first country to create a patent box regime in 2000. Since then, other countries, such as China, Spain, Netherlands, and Belgium, among others, have enacted their own versions.

    Why is it important?

    Many companies make significant profits off the licensing and transfer (sales and assignment) of their intellectual property. Technology, software, and pharmaceutical companies are just some examples of big industries that count IP revenues as a large portion of their profits, specifically those made from their patent holdings.....

    Read more . . .

    Thursday, April 2, 2015

    Blurred what?!?

    wo weeks, a jury awarded Marvin Gaye’s family approximately $7.4 million in damages after a federal court found that Pharrell Williams’ and Robin Thicke’s song “Blurred Lines” had infringed upon the copyright contained in Marvin Gaye’s song “Got To Give It Up.”

    While this case has specific implications for the music industry, it also illustrates several important points about copyright infringement that are applicable to creators of copyrightable material at large, including advertising agencies, creative firms, and digital content creators.....

    Read more . . .

    Thursday, March 19, 2015

    Moisan Legal Client Opens Video Art Installation

    Congratulations to Marie Vic, who recently opened her show, entitled “Blowing Riccardo”, a multi-screen video art installation on the traveling life of fashion collections, and hosted by Hotel Particulier.

    Marie’s limited edition video series, adapted from the show and called “Ten Blows”, are on display and available on the digital art platform, Sedition Art.

    Read more about the installation in W Magazine and Visionaire.

    Thursday, March 12, 2015

    When Have You First Used Your Trademark For Registration?

    Once you have decided upon a trademark and had an attorney run clearance searches, you may apply to register the trademark under one of two filing bases. You may either file an "in use" application to the United States Patent and Trademark Office ("USPTO"), which certifies that you have already used the mark in commerce, or an "intent to use" application, which although you haven’t used the mark yet in commerce, reserves the trademark on the register because you will use it at a later date. Eventually, you will have to file additional documentation with the USPTO asserting a date of first use of trademark.

    But what qualifies as “in-use”?

    Generally, to register an "in-use" trademark, you have to meet two requirements:

    Read more . . .

    Saturday, November 1, 2014

    Protecting Your Product Design

    This post is Part 3 in a series on the basics of protecting your business’s brand. Read Part 1 and Part 2.

     Once you have the idea for your product, your business will likely spend hours of time designing the product’s features and appearance. Many of these features may be purely functional (those that perform a specific task or facilitate the product’s use), which are protectable by utility patents. Other aspects of your product may be purely aesthetic and non-functional.

    This post will focus on the basics of protection the aesthetic and non-functional aspects of product design....

    Read more . . .

    Friday, October 17, 2014

    Protecting your product packaging

    This post is Part 2 in a series on the basics of protecting your business’s brand. Read Part 1 here.

    Once you have registered your trademarks for use on your company’s product, you will likely design your product’s packaging. As a product’s packaging is often a consumer’s first introduction to a product, the packaging design is important the success of the product. The packaging contributes greatly to consumers’ recognition of your business as the source of that product. The more consumers recognize you as the source of the product, the more your business’s reputation may grow and your product’s sales may greatly increase...

    Read more . . .

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