Future Forward Insights
Each of us at Nolan Heimann has an affinity for new frontiers, from immersive entertainment and influencer brands to blockchain, DAO’s, and the metaverse(s), we are attorneys with deep knowledge that provide detailed expertise in executing novel aspects of our clients’ strategies. Protecting IP, while planning for its future growth and monetization, is at the heart of what we do.
These insights are offered as an expression of our commitment to helping all creators and business makers structure their ventures on solid, authentic foundations to enable growth and transformation. Keep up-to-date with our monthly newsletter. Subscribe at the bottom of our site.
Patenting for Inventors Ep.159: Lululemon Sues Costco - A Fashion Lawsuit You Can’t Just Downward Dog Out Of
Lululemon is suing Costco, claiming knockoffs of its iconic activewear infringe patents, trademarks, and trade dress. In this Patenting for Inventors episode, Adam Diament explores the legal showdown between boutique brand and big-box giant.
Patenting for Inventors Ep.157: The Risk of Joint Ownership in Patents – & Why It’s a Trap
Joint patent ownership may sound cooperative—but it’s often a legal trap. In this episode, patent attorney Adam Diament explains why sharing ownership can backfire, using real-world cases and practical solutions to help you stay protected.
Patenting for Inventors Ep.156: Face Value: Protecting Your Identity with Name, Image, & Likeness Rights
This episode explores how NIL (Name, Image, and Likeness) rights are becoming essential in a world of social media, deepfakes, and AI. Learn how the law is evolving to protect your personal brand and identity.
Patenting for Inventors Ep.152: Can a Fancy Leg Stand on Its Own as a Trademark? The Recent Case of In re Kason
Can a metal leg stand on its own as a trademark? In In re Kason, the TTAB rejected Kason Industries' attempt to trademark its telescoping restaurant equipment leg, ruling it was too functional for trademark protection. In this episode, Partner Adam Diament explores the key differences between design patents and trademarks, the legal hurdles of trade dress protection, and why functionality plays a critical role in intellectual property law.
Patenting for Inventors Ep.151: Patent Me Maybe: (Carly Rae) Jepson-Style Patent Claims
In this episode, host Adam Diament delves into the world of patent claims, focusing on Jepson-style claims. He creatively illustrates the differences between traditional and Jepson-style claims using a hypothetical patent inspired by Carly Rae Jepsen's hit song "Call Me Maybe." The episode highlights the strategic considerations in writing patent claims, particularly the implications of admitting prior art in Jepson-style claims, which are more common in Europe than in the U.S.
Patenting for Inventors Ep.150: What is Obviousness? A “Reasonable Expectation of Success” or “Predictable Results”?
Obviousness is a crucial factor in patent law, particularly in biotech. In this episode, host Adam Diament explores Vanda Pharmaceuticals v. Teva Pharmaceuticals, a case that established the reasonable expectation of success standard for determining obviousness.
The ruling invalidated Vanda’s patent for Hetlioz, and when the Supreme Court declined to review the case, the Federal Circuit’s decision became law. What does this mean for future biotech patents? Tune in as Diament breaks down the impact of this ruling and why obviousness remains one of the most challenging issues in patent law.
Patenting for Inventors Ep.141: Why I Like Phone Calls from the 571 Area Code
In this episode of the "Patenting for Inventors Podcast" Adam discusses why he gets excited when he see’s a phone call coming from the 571 area code.
Patenting for Inventors Ep.140: What is Analogous Art for Patents?
Your patent application can be rejected because your so-called invention is "obvious." But how is obviousness determined?
Patenting for Inventors Ep.139: How Do I Know if My Design is Patently Obvious?
The law may be changing soon on how to determine whether your new design is patentable. In this podcast episode, learn the about the controversy behind the patentability standard for design patent obviousness.
Patenting for Inventors Ep.138: How to Search the New Trademark Search Website
The United States Patent and Trademark Office (USPTO) recently revamped its trademark search website. Learn all about the new features and how to determine whether the mark you want to use will cause you any issues in the latest episode of the "Patenting for Inventors" podcast!
META This! Ep.7: VGamers, Heads Up! Nightdive & Atari are Bringing Back Lost Classic Games
Larry Kuperman of Nightdive, and parent company Atari, want to preserve oldies like System Shock and Turok 3.
META This! Ep.5: Does Your Employer Own Your Invention? Take the Quiz
Adam Diament, our patent attorney, gets into it with Ted Nguyen, who specializes in entertainment law; it’s all about patent prosecution, utility patents, who owns what, and for how long.