Charles P. Lickson

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Trademark Protection: Is Litigation Worth the Cost?

Anybody who has any involvement with Intellectual Property (“IP”) knows full well that protecting IP means a multi-step process. Obviously, step one is the conception of the invention, idea, trademark, trade name, or other innovation where protection might be necessary. Step two is the decision about what to do with the “new” idea, etc. in terms of the need to try for exclusivity on it –or not. Many “new” things do not need IP protection – and other “new” things may not qualify for it. If the “new” idea fits into the area where protection is desirable and it qualifies, then the next step is to seek legal protection. Of course, such protection will have a cost – whether or not the protection is sought by the inventor/conceptualizer himself/herself or itself (in the case of an organization) or assistance of counsel is required.

The Energy and Environmental Innovation Conundrum: Can the Patent System Protect New Ways of Using Old Technologies?

The field of clean or green technology is one of those areas where innovation is desperately needed if our planet Earth is to survive as a place where all living things can thrive. But what if a “new” and needed technology is not really new, but rather a new way of doing something which builds on a known (and patented technology where the exclusive protection period has expired)? And, what if the “new” technology cannot find its way to market (i.e. real-world application) unless there is funding? And, what if that funding requires some type of market exclusivity (such as patent protection) be in place first?