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October 18th, 2012

We often get calls regarding provisional patent applications (“PVAs").  These “quick and dirty” patent applications require less drafting and formality than a standard utility patent applications and are thus less expensive.  The PVA establishes a filing date and places the invention in a “patent pending” state.  The PVA can thus serve as a pre-disclosure patent application filing to preserve the inventor’s right to file patent applications in foreign countries.  Lastly, PVAs are considered to increase the value of a venture and can help in fundraising. 

August 9th, 2012

By Eric Bjorgum, first published in Forum (July/August 2008).

There are many opportunities for plaintiff's attorneys to pursue intellectual property claims. For copyright and patent claims, the requirement of a federal registration can pose a barrier to immediately filing suit. But one legal theory in intellectual property, perhaps more than any other, is suited to the plaintiff's bar: so-called "reverse confusion" trademark infringement.

July 15th, 2010

By William Brutocao and Eric Bjorgum, first published in Intellectual Property Today (Sept. 2008)

May 15th, 2010

Flying under the radar with some of intellectual property's most obscure claims

Last spring, my firm was settling a case brought under the Visual Artists Rights Act, 17 U.S.C. § I06A. We obtained a $1.1 million settlement for our client, artist Kent nvitchell, whose 70-foot mural had been painted over on a building owned by the federal governnlent.

April 15th, 2010

By Eric Bjorgum, first published in Coagula Art Journal (Sept. 2008).

The Case of Kent Twitchell's Ed Ruscha Monument: Government Is the Men, Federal Preemption and What You Need to Know about VARA

March 15th, 2010
The intersection of arts & intellectual property law.

The intersection of law and the arts presents unique challenges calling upon different aspects of intellectual property law.  A particular artistic problem may involve elements of copyright, trademark and even patent law. 

February 15th, 2010
Issues involving allegations of wrongful conduct.

As intellectual property litigators, the attorneys of Karish & Bjorgum often run into issues involving allegations of wrongful conduct arising from enforcement of intellectual property rights.  This issue can arise when notification of a suit is sent to the trade or even when a cease and desist letter is sent.  Sometimes the defendant of the suit or the recipient of the letter will retaliate with a lawsuit claiming malicious prosecution, abuse of process, interference with contract or some other tort allegedly based upon the underlying dispute. 

January 15th, 2010

In its decision on December 28, 2009 in The Forest Group, Inc. v. Bon Tool Company, the Federal Circuit clearly set forth the standards and possible penalties for false marking (placing a patent number on a product when the product is not covered by that patent).

October 1st, 2009
We answer some common questions about patent law.

What is a patent?

A patent is a property right given by the U.S. government that allows a patent owner to exclude others from making, using, offering for sale, or selling an invention in the United States for a limited time.  The U.S. government awards patent so that inventors will reveal their inventions to the public.

September 30th, 2009
Learn about some legal issues surrounding trademarks.

What is a trademark?

A trademark is a word, name, symbol, or device, alone or in combination that is used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.