I am happy to announce that on June 9, 2020 I will be teaching a continuing legal education class on “How to file a Federal Trademark Application at the USPTO”. The class will be for members of the Milford Bar Association, and will help attorneys understand issues to consider prior to and when filing a trademark application, and the mechanics of filing a trademark application. To join the Milford Bar Association go here.
On April 28, 2020 the United States Patent and Trademark Office (USPTO) further extended the time to file certain patent and trademark-related documents and to pay certain required fees, which otherwise would have been due between March 27 and May 31. The new deadline is June 1, 2020. This is in addition to the prior extension the USPTO had announced on March 31, 2020. Such an extension will be allowed if they are accompanied by a statement that the filing delay was due to the COVID-19 outbreak. More information can be found at the USPTO website here.
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!
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.
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 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.
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.
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.
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.