m blake

Continuing Legal Education

HI All,

I have been involved in a discussion with my fellow National Association of Patent Practitioners (NAPP) members about Continuing Legal Education (CLE). This made me realize that I should inform you, my readers, that I attend yearly CLE’s on patents, trademarks and copyrights to stay on top of the latest legal issues in intellectual property. Further, I teach CLE’s related to intellectual property to attorneys through the Milford Bar Association. Please be assured that I am well versed in intellectual property, and I stay abreast on the latest legal developments in intellectual property!

CORONAVIRUS RELIEF HELP

The Federal Government through the Small Business Administration has several relief options for businesses, and the self employed.

The first is the Paycheck Protection Program (PPP). The PPP is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll. SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities, however, 75% of the money must be used for payrool in order to get forgiveness of the loan. The following entities affected by Coronavirus (COVID-19) may be eligible to apply for the PPP:

- - - - Any small business concern that meets SBA’s size standards (either the industry based sized standard or the alternative size standard);
      - Any business, 501(c)(3) non-profit organization, 501(c)(19) veterans organization, or Tribal business concern (sec. 31(b)(2)(C) of the Small Business Act) with the greater of:
        
        500 employees, or
        
        that meets the SBA industry size standard if more than 500;
      - Any business with a NAICS Code that begins with 72 (Accommodations and Food Services) that has more than one physical location and employs less than 500 per location; and
      - Sole proprietors, independent contractors, and self-employed persons.

More information on the PPP can be found here.

The second is the Economic Injury Disaster Loan Emergency Advance (EIDLEA). small business owners in all U.S. states, Washington D.C., and territories are eligible to apply for an Economic Injury Disaster Loan advance of up to $10,000. This advance will provide economic relief to businesses that are currently experiencing a temporary loss of revenue. Funds will be made available following a successful application. This loan advance will not have to be repaid. This program is for any small business with less than 500 employees (including sole proprietorships, independent contractors and self-employed persons), private non-profit organization or 501(c)(19) veterans organizations affected by COVID-19. Businesses in certain industries may have more than 500 employees if they meet the SBA’s size standards for those industries. More information on the EIDLEA can be found here.

Justice Department announces Injunctions against 2 Telecom Carriers behind Hundreds of Millions of Fraudulent Robocalls

Has it seemed that you have received fewer scam robocalls lately? If so, that may be because the U.S. District Court for the Eastern District of New York entered orders in two separate civil actions, barring eight individuals and entities from continuing to facilitate the transmission of massive volumes of fraudulent robocalls to consumers in the United States, the Department of Justice announced today. The first injunction was against Nicholas and Natasha Palumbo of Scottsdale, Arizona, and the Arizona companies they own and operate, Ecommerce National LLC d/b/a TollFreeDeals.com and SIP Retail d/b/a sipretail.com. The second injunction was against Jon Kahen, a/k/a Jon Kaen of New York, and New York corporations Global Voicecom Inc. and Global Telecommunication Services Inc.

This is wonderful news, and I hope the Justice Department gets jail time against these perpetrators, and huge fines! The press release can be seen here.

The U.S. Patent Office is still processing patents and trademarks!

The United States Patent and Trademark Office (USPTO) is closed to the public until further notice. However, USPTO operations will continue without interruption. Also, patent and trademark deadlines are NOT extended. I am still doing work for my clients, and taking on new matters for new clients, and existing clients.

For more information about COVID 19 and the USPTO please go here.

Law Offices of Michael A. Blake, LLC is open for business

Hi all. As many of you know, the Law Offices of Michael A. Blake, LLC is a small law practice with one patent and trademark attorney (me), and one part time secretary, Kathy. Because we are a small practice, it is safe for me to come to work and provide intellectual property services to my current clients, and new clients, even during this period of COVID 19. Feel free to call or email me to discuss your patent, trademark, or copyright legal issues.

phone: 203-876-5081
email: [email protected]

Congratulations to my client for obtaining a registration on their trademark “RACK CANDY”

I would like to congratulate my client The Deer Candy Company LLC, from Winfield, Missouri on obtaining a registered trademark on RACK CANDY for animal feed in solid block form; and salt licks in solid block form. Their website is here. The RACK CANDY trademark can be seen here.

CLASS SUSPENDED Patents, Trademarks, and Copyrights for individual and small businesses in March!

UPDATE FROM MILFORD BOARD OF EDUCATION:

Effective immediately: All Adult Education classes have been suspended.

When the immediate threat of COVID-19 is over, we will be extending all of the classesto ensure everyone receives the amount of classes he/she has paid for. We’re very sorry for any inconvenience this has caused, but our main concern is to ensure the health and well-being of all of our students.

Fifth Circuit says no Statutory Damages unless Copyright first registered

The US Court of Appeals for the Fifth Circuit has ruled that statutory damages are not available unless the copyright was registered prior to the infringement. The court in Southern Credentialing Support v. Hammond Surgical Hospital LLC et al, case number 18-31160, January 9, 2020, held that even if a different type of infringement occurred after registration, that if the infringement started prior to registration, no statutory damages were available. The case can be read here.

The moral to this story is that if you want statutory damages, which can be up to $150,000 per infringement, you must register your copyright early, and at a minimum before the infringement begins.

Chief Technology Officer of Stanley Black & Decker will be presenting at the next Inventors Association of Connecticut Meeting!

Dr. Mark Maybury, the CTO of Stanley Black & Decker will be speaking at the next IACT meeting at 1 pm on February 18, 2020 at the Dolan School Events Hall at Fairfield University. Dr. Maybury is Stanley Black & Decker’s first Chief Technology Officer. In this position, Dr. Maybury manages a team across the company’s businesses and functions and advises on technological threats and opportunities, as well as provides access to all elements of the global technology ecosystem. Stanley Black & Decker is a $14 billion diversified industrial with over sixty thousand employees that manufacture one half million products in over one hundred facilities in sixty countries around the world. A core aspect of Stanley Black & Decker’s 176-year journey is a legacy of industrial excellence founded on socially responsible innovation. Increasingly these products leverage artificial intelligence, for example, to anticipate falls from gait analysis, perform audio event understanding to enhance security, or to provide intelligent health care companionship to enable aging in place. Equally important is the deployment of artificial intelligence to enhance the effectiveness of supply chains and the manufacturing and distribution of these world first products. This presentation will focus on the opportunities and challenges of deploying artificial intelligence at scale at Stanley Black & Decker for those who make the world.

I plan on attending and hope to see you there! More information can be found here.

Entrepreneurs Society – Eastern Fairfield County Chapter January Meeting

I attended the Entrepreneurs Society – Eastern Fairfield County Chapter Meeting on January 28, 2020 at Haus Bridgeport. Vinnie Brand, the owner of the comedy club Stress Factory was one of the speakers. It turns out Vinnie Brand has purchased Haus Bridgeport, and plans on turning it into a new restaurant with his wife Vicki Brand. Vinnie talked about how he started the Stress Factory, and gave advice to the young entrepreneurs. Will Hamer, one of the owners of the new Bridgeport coffee and waffle shop, aptly named, Bean ‘n Batter was also one of the speakers. He also talked about how he started Bean ‘n Batter. I met some young entrepreneurs and talked to them about protecting their intellectual property with patents and trademarks. You can find more information about the Entrepreneurs Society here.