Author: Andrea Hill

News / 17.06.2022

We are pleased to announce that our very own Christian Drago was recently sworn in as President of The Cleveland Intellectual Property Law Association (CIPLA) for the 2022-2023 term. CIPLA is open to any member of the bar who devotes a substantial portion of his or her professional time and interest to the practice of intellectual property law, including the law relating to patents, trademarks, copyrights, trade secrets and antitrust law, and who complies with the applicable laws and professional standards. In addition, CIPLA is open to registered patent agents and law students interested in intellectual property law. Congrats Christian! ...

News / 06.05.2022

We are pleased to announce that associate Jameson Tibbs will be teaching a 3.0 credit Copyright course as an adjunct at Case Western Reserve University next fall. Jameson is a member of the firm's Electrical, Mechanical, Copyrights, and Trademarks practice groups.       ...

Uncategorized / 19.10.2021

We are pleased to announce that Colleen Goss, Sandra Koenig, and Kathryn Chambers have been selected to serve on various INTA Committees for the 2022 – 2023 term! The committee selection process occurs every two years, and members are selected among hundreds of applicants. Colleen has been appointed to the Publications Committee and was also named the Chair of the Committee for the ’22 – ’23 term. The Publications Committee identifies, evaluates, and develops concepts and proposals for members-only resources. They oversee the efforts of project teams of contributing editors and writers who develop and produce INTA’s Practice Guides and treatises. They also develop and produce short-form publications such as checklists, fact sheets, industry and topic papers, and other resources and partner with other committees to facilitate the creation of new and relevant resources. Sandra, who is currently part of the Leadership Development Committee, was appointed to the same Committee for the...

Uncategorized / 06.10.2021

We are pleased to announce that Jameson Tibbs will be inducted as a new member of the Kathleen M. O’Malley Inn of Court on Wednesday, October 29, 2021. The Inn was chartered in Northeast Ohio to promote civility, ethics, professionalism, and mentorship within the local IP bar. It is named after the Honorable Kathleen M. O’Malley, who started her judicial career as a judge on the United States District Court for the Northern District of Ohio and now serves as a Circuit Judge on the United States Court of Appeals for the Federal Circuit. The American Inns of Court is an association of lawyers, judges, and other legal professionals from all levels and backgrounds who share a passion for professional excellence. Its purpose is to build and strengthen professional relationships, discuss fundamental concerns about professionalism and pressing legal issues of the day, share experiences and advice, and advance the highest...

News / 20.05.2021

(June 2, 1933 – May 15, 2021) It is with great sadness that we inform you of the passing of former managing partner and our long-time friend, Richard “Dick” Minnich. Dick practiced at Fay Sharpe (formerly known as Fay Sharpe Fagan Minnich & McKee) for many decades, and helped to build a solid foundation for the firm today. We are grateful for his contributions to our success and will miss his refreshing perspective on life and the practice of law.  Click here for funeral arrangements. ...

Insights / 29.01.2021

By: Alan Brandt and Jameson Tibbs Prior to the unprecedented disruptions of 2020 many of us looked forward to going to a concert, play or recital. Although the pandemic took us out of our familiar venues, we quickly adapted to find new avenues for entertainment. As we adjust to doing less in public spaces and more in virtual spaces, streaming entertainment has become a booming business. However, whether your event is in person or virtual, sharing someone else’s music still requires that you obtain the appropriate music licenses or risk the consequences of copyright infringement. To understand music licensing, it helps to understand the difference between musical works and sound recordings. A musical work consists of the notes that make up the melody and any accompanying lyrics. A sound recording is a recording of the performance of the musical work. Quite often, there will be separate owners for the musical work and the sound recording; each with a separate copyright. To complicate matters, each...

Insights / 29.01.2021

By: Brendan Goodwine and Jacqueline Kett In efforts to address widespread health concerns and general outcry against soft beverages, many beverage companies have in recent years focused efforts on developing drinks with fewer, or zero, calories. This has resulted in marketing trends utilizing terms like “zero” or “diet.” Over the past 15 years, soft beverage company Royal Crown Co. has been engaged in a fierce legal battle with Coca-Cola Co. (“Coke”) over the trademark ZERO. This feud started in 2005, when several of Coke’s competitors, including Royal Crown, filed trademark applications for beverages using the term ZERO. These applications were rejected by the USPTO on the basis that ZERO was a generic term to describe a minimal or zero calorie drink. A few months later, Coke filed 16 different trademark applications for products that included the term ZERO. When the USPTO responded the same way as it had for Coke’s competitors, Coke instead argued that...

Insights / 23.12.2020

The USPTO has opted to raise fee prices for a variety of trademark actions effective on January 2, 2021. In making these changes, the USPTO weighed factors such as the current state of the U.S. economy, the needs of the agency, and advice from the public. Ultimately, the new changes will impact trademark application filing fees, post-registration fees, and Trademark Trial and Appeal Board fees. For more information, read the full article on our Insights page. ...

Insights / 08.10.2020

How certain companies are benefiting from the USPTO’s Fast Track Appeal Pilot Program By Timothy Nauman, Alan Brandt and Kathryn Chambers The United States Patent and Trademark Office initiated a pilot program intended to fast track Patent Trial Appeal Board (“PTAB" or “the USPTO”) Ex Parte Appeals. During patent examination, an applicant may have the opportunity to appeal an Examiner’s decision to the PTAB. Traditionally, the average length of time for pending applications is about 33 months.  The average pendency from the application filing date to the USPTO’s decision in an appeal is 77.6 months.[1] Because of this lengthy application pendency, the PTAB recognized a need to “accelerate the pace at which products incorporating new inventions are introduced to the marketplace, thereby stimulating economic growth and encouraging follow-on innovations.” On July 2, 2020, the USPTO introduced the Fast-Track Appeals Pilot Program. The program runs until July 2, 2021 and will be evaluated for potential continuation....