INTELLECTUAL PROPERTY INFRINGEMENT DEFENSE INSURANCE

The Defense policy reimburses litigation expenses to defend against charges of intellectual property infringement including the costs to assert patent invalidity as a defense, the cost of re-examination proceedings as a defense and past damages and/or settlement costs.

IP Covered under the Defense Policy:

US and worldwide coverage available. Includes making, using, selling, offering for sale, importing in commerce any product process or method of doing business

Advantages of holding the IP Defense Policy:

·        Prevents abandoning market share by timely and forceful defense of infringement charges

·        Prevents unexpected cash drain on operations

·        Provides litigation funds to optimize a favorable outcome

·        Deters frivolous suits by demonstrating the ability to be financially protected

·        Reduces the pressure to settle infringement cases because of mounting legal expenses

·        Makes a company more attractive to investors

Premiums

·        The premium will be approximately 2% of the limit purchased. For example, the premium for a $1,000,000 coverage limit at 2% would be $20,000 per year.

·        The cost will vary according to product and industry.

This material is for informational and promotional purposes only, and in no way changes the terms or effect of the policy language. Consult a copy of the Specimen Policy itself for all terms, conditions and exclusions.

For additional information please contact:              

    Alex Fjelstad

Senior Vice President

Twin City Group

4500 Park Glen Road

Minneapolis, MN 55416

                                                               952-924-6910 or afjelstad@twincitygroup.com

INTELLECTUAL PROPERTY ABATEMENT (ENFORCEMENT) INSURANCE

The Abatement policy reimburses litigation expenses to enforce intellectual property rights against infringers as well as countersuits or post-grant reviews for invalidity. In the event the insured loses the IP lawsuit the Abatement policy responds as a pure insurance policy. In the event the insured wins the IP lawsuit and has recognized an “Economic Benefit” the insured reimburses only the money paid out by the insurer and retains any additional recoveries. Repayment of the “Economic Benefit” reinstates policy limits and those funds are then available to pursue other infringers. IP covered under the Abatement Policy includes patents, trademarks, copyright and trade dress.

Advantages of holding the abatement policy:

·        Prevents loss of market share by timely and forceful response to infringement

·        Prevents unexpected cash drain on operations

·        Provides litigation funds to optimize a favorable decision for the IP holder

·        Reduces pressures to settle because of mounting legal expenses

·        Attracts investors who may be asked to fund the business

·        Strengthens the "licensbility" of the IP

Premiums:

·        The premium will be about 1 to 2% of the limit purchased. For example, the premium for a $1,000,000 coverage limit at 1% would be $10,000 per year

·        The actual cost will vary according to the type and number of IP covered

This material is for informational and promotional purposes only, and in no way changes the terms or effect of the policy language. Consult a copy of the Specimen Policy itself for all terms, conditions and exclusions. For additional information please contact:   

                                  Alex Fjelstad

                                                            Senior Vice President

                                                            Twin City Group

                                                            4500 Park Glen Road

                                                            Minneapolis, MN 55416

                                                            952-924-6910 or afjelstad@twincitygroup.com

TO DRONE OR NOT TO DRONE? That is the Question...

Part 1:  Can I fly one?  Well, it depends on who you are.  If you are a government, lifeguard service, electrical company, the coast guard, etc., you need a Certificate of Authorization from the FAA.  If you are a non-commercial user, such as someone who flies for fun and not profit, you need to follow FAA’s “Special Rule” for model aircraft.  So who is left?  Well, it is the “commercial” user (the ranks of which are rapidly shrinking of late, with lots of clearly commercial users who would post their prices and services now just discussing how “consulting” with them might benefit a user, or how the “solution” they come up with could help an advertising campaign).  Under the latest FAA discussions, it appears that if you want to fly commercially you need not only the Certificate of Authorization that the governmental entities need, but also a “Certificate of Airworthiness” and a Special Exemption (sounds a lot like a “permit” to me).

So, the government folks have it relatively easy, the hobbyist/recreational drone flyer needs only to abide by the “special rules” (more on this later), but the commercial operator has relatively turbulent skies ahead.  The first thing that comes to mind with FAA regulations is whether FAA even has the power to regulate drones, much less commercial uses of drones.  On one side, there is “Trappy” and his lawyer, who claim FAA lacks jurisdiction to assess fines on drone operators.  On the other side, the FAA makes is pretty clear on their website where they think their jurisdiction lies.   

(Eric Hanscom regularly flies his drone, below 400 feet, and for purely hobbyist purposes, and tries not to be a dridiot)
 

Can We File? Joan Rivers was No Stranger to Trademarks...

Joan Rivers was known much better in the field of comedy than intellectual property, and while there are plenty of accolades being given her for her genius as a comedian, we think she should also be recognized as someone who understood the value of a trademark.

Starting way back in 1984, Joan began trying to trademark a well known part of her comedy routine, the phrase “Can we talk?” and on September 9, 1986 she was awarded US Trademark No. 1408489 for “CAN WE TALK?” in the field of GREETING CARDS, WRITING PAPER AND ENVELOPES, NOTE CARDS, AND PAPER NAPKINS AND PLACEMATS. But did she stop there? No, not only could she talk, but she could file trademarks. Soon to follow were:

1849038 and 1842345 for “YOU DESERVE TO BE HAPPY”, 1818890 for JOAN RIVERS CLASSICS COLLECTION, 2085516 for “JOAN RIVERS”, 2114309 for "JOAN'S WORLD", 2150995 for "IMPERIAL TREASURES BY JOAN RIVERS", 2291516 for “BABY HEARTS”, and 2293497 for “BABY HEARTS BY JOAN RIVERS”. And this was all by the close of 1999.

The turn of the century saw Ms. Rivers heading right back to the USPTO with 2358260 for “DO IT NOW!”, 2293628 for “NAIL CLASSICS”, 2293629 for “JOAN RIVERS NAIL CLASSICS”, 2388350 for the rather long trademark on “YESTERDAY IS HISTORY, TOMORROW IS A MYSTERY. TODAY IS GOD'S GIFT. THAT'S WHY IT'S CALLED THE PRESENT.” For a jewelry line, 2742296 and 2474106 for “JOAN RIVERS RESULTS”, 2364280 for “PINK CHAMPAGNE”, 2574314 for “HEARTS & FLOWERS BY JOAN RIVERS”, 2847704 for “JOAN RIVERS BEAUTY”, and last but certainly not least, 4566503 which issued in July of 2014 for “IN BED WITH JOAN” for “Entertainment services, namely, providing on-going webisodes featuring Joan Rivers interviewing celebrities via a global computer network.”

So, while Ms. Rivers’ intellectual property pursuits are not the foremost thing in people’s minds when they think back on her life, her accomplishments in this area are worth remembering as well.

Redskins Defend Name - Trademark Decision - InterContinental IP

Washington Redskins, filed a lawsuit Thursday in U.S. District Court in Alexandria.  Patent and Trademark Office in San Diego, California.  Eric Hanscom, managing patent attorney at InterContinental IP

Redskins are asking for a chance to defend their name, which they contend celebrates Native Americans.  Native Americans who won the headline-making patent case