News

McCoy Russell is pleased to be presenting at the 2024 National Federation of Paralegal Associations (NFPA) Annual Convention in September. This event provides a wide variety of Continuing Legal Education sessions, including meetings & workshops, and networking with fellow paralegals & industry professionals from across the country.

Presenting on “Brand Clearance and Filing and Online Enforcement of Branding”, McCoy Russell Partner Anna McCoy will provide insights into navigating the complexities of brand clearance decisions and the filing process and will highlight risks and strategies to limit risk exposure with adoption of short-term branding and advertising.  She will also outline ways to develop a strategy for protection of longer-term product name adoption. Additionally, she will explore the pivotal role of trademark registrations in online brand enforcement, encompassing third-party marketplaces and social networking platforms. McCoy Russell aims to equip attendees with actionable tactics to bolster brand protection in an increasingly digital landscape.

McCoy Russell previously covered the Final Rule issued by the Federal Trade Commission (FTC) that invalidates non-compete clauses in standard employment agreements across the United States. The new regulation, detailed in 16 C.F.R. § 910, mandates that employers notify both current and former employees that existing non-compete agreements are now void.

In response to this rule, Ryan, LLC, a tax software and services company, along with several associations including the U.S. Chamber of Commerce, challenged the FTC’s authority to issue such a rule. On July 3, 2024, the Northern District of Texas granted a preliminary injunction against the FTC, citing that the FTC lacks substantive rulemaking authority concerning unfair methods of competition. The preliminary injunction prevents the FTC from enforcing its rule against the plaintiffs in this particular case. The court’s injunction does not necessarily extend to everyone, limiting its scope to the named plaintiffs only.

Considering the limited scope of the injunction, other companies are still obligated to comply with the FTC’s rule by September 4, 2024. This means employers should prepare to notify their employees and adjust their practices in accordance with the new regulation, or consider their own challenge.

McCoy Russell continues to monitor the ongoing legal battles to help inform clients that may need to navigate these changes carefully. The firm will continue to post about the latest court decisions when updates are available.

Recently, Chambers launched their 2024 USA Legal Guide that highlights top lawyers and firms. Among those recognized in Oregon for Intellectual Property is McCoy Russell partner Anna McCoy.

Chambers research methodology applies to US law firms of all sizes, from boutique to global, looking at the team size, key partners, client information and feedback, notable achievements in the past year, industry expertise, and areas of growth.

While maintaining an active patent practice, Anna leads McCoy Russell’s Trademark and Branding practice. She specializes in protecting well-known marks, trade dress, and product configuration, and manages global portfolios. Anna collaborates with clients to develop branding strategies, offering trademark searches, filings, IP audits, and enforcement actions in over 130 countries.

Since 2016, Anna has been active with the International Trademark Association, contributing to events and committees on Well-known Marks, International Design Enforcement, and the Internet. Her involvement fosters exposure to diverse worldwide perspectives.

As Managing Partner, Anna influences McCoy Russell’s trademark and patent prosecution practices, driving the firm’s growth and development.

Recently, Chambers launched their 2024 USA Legal Guide that highlights top lawyers and firms. Among those recognized in Oregon for Intellectual Property is Justin Wagner.

Chambers research methodology applies to US law firms of all sizes, from boutique to global, looking at the team size, key partners, client information and feedback, notable achievements in the past year, industry expertise, and areas of growth.

Justin continues to represent and support clients in developing their intellectual property portfolios. Justin works closely with clients to determine and address patentability evaluations as well as procuring meaningful patent coverage. Justin focuses on a variety of electromechanical and biomedical arts, particularly medical devices and software inventions including AI and machine learning.

Serving as Oregon Patent Law Association (OPLA)’s President for 2024, Justin supports thought leadership and developing the local patent community by coordinating CLE and networking opportunities. Most notably the OPLA Board hosted its Patent Law Conference at Salishan Coastal Lodge lining up several speakers and a panel centering Patent Law trends, updates, and discussions. Further, Justin takes an active role in deepening relationships between Academic Technology Transfer Offices and the US Patent and Trademark system through his work with AUTM.

Recently, Chambers launched their 2024 USA Legal Guide that highlights top lawyers and firms. McCoy Russell is among the recognized firms with its attorneys receiving recognition as well.

Chambers research methodology applies to US law firms of all sizes, from boutique to global, looking at the team size, key partners, client information and feedback, notable achievements in the past year, wide industry expertise, and areas of growth.

As a certified woman-owned boutique intellectual property firm, McCoy Russell’s recognition in Oregon highlights its technical and legal experience and expertise of its attorneys representing clients in intellectual property matters including both patent and trademark portfolio development. Distinguishing itself with a unique operational model, McCoy Russell places a premium on maintaining cutting-edge technical expertise in-house. Further, the firm continues its development of automation solutions in patent prosecution through Ironcrow AI.

McCoy Russell continues its recognition in quality and is honored to be recognized alongside other exceptional firms and attorneys in the field of Intellectual Property Law.

In support of fostering community, McCoy Russell hosted its Annual Plant Swap at the firm’s collaborative space. This was an opportunity to connect with colleagues in a casual setting. Folks brought a plant, cutting, seedlings, or seeds to exchange and enjoyed discovering new plants while sharing tips and catching up. It was fun way to cultivate firm spirit.

Nestled in the heart of Pearl, McCoy Russell is pleased to highlight First Thursday in the Pearl. To celebrate, our neighbor’s Porsche Studio in collaboration with Urban Artist Network has blocked off a portion of 14th and Johnson outside the firm’s collaborative space to host a part of this event’s artists, vendors, food, and entertainment.

Taking place each first Thursday of the month from April through October, this gathering of local vendors, artists, entertainment, and other small businesses occupies 13th street from Everett to Johnson St as well as 14th street off of Johnson.

McCoy Russell LLP is delighted that First Thursday in the Pearl is rekindling a sense of community in the area, offering a vibrant and engaging way for folks that live and work in the area to get together. As the Pacific Northwest begins to warm up, these events promise good fun and a lively atmosphere for all.

After developing a novel product, it can be frustrating to see others copying your product and selling it online, often at cheaper price points and inferior quality. Sales by others who copied your product may take away market share and associate your unique product with poor quality materials and workmanship.

Even assuming you have already invested in your intellectual property (IP) by obtaining a patent, enforcing the patent has its own costs. A lawsuit for patent infringement typically costs millions of dollars. For many, enforcement through patent litigation is not feasible.

An alternative option may be to submit a take-down request directly with the online retailer. Common retailers such as Amazon and eBay each have their own internal methods of enforcing intellectual property infringement on their platforms. Submitting a take-down request to the retailer, rather than initiating an enforcement action directly against the infringer, can be a great solution for enforcing your patent rights without resorting to lengthy and costly legal battles.

For example, Amazon has two different avenues for protecting patent rights: a limited, free option and an option using a neutral evaluator that requires an up-front fee.

For the free option, a report is submitted through Amazon’s Report Infringement form. This relatively simple process involves entering basic information about the relevant patent, the owner of the patent, and the Amazon listing that infringes the patent. Once submitted, the listing does not get removed automatically. Amazon notifies the seller and reviews the information you submitted, and may take down the listing after review. However, review through the Report Infringement form is limited, and Amazon will not take down a listing if it is unable to determine that the accused product is infringing.

For more in-depth review, Amazon provides a process called Amazon Patent Evaluation Express Procedure (APEX). APEX uses a neutral evaluator to determine whether a product listed on Amazon infringes a patent. To participate in this program, you must first enroll in Amazon Brand Registry and submit a request. The seller is notified and must also agree to participate. Both you and the seller must submit a $4,000 payment. At the conclusion, the prevailing party will have their payment returned. While there is cost associated with this program, it is far less than typically spent in litigation, and many find it worthwhile to have a neutral attorney evaluate their claim.

Overall, takedown requests are a valuable tool in the arsenal of patent holders, enabling them to swiftly address instances of infringement and protect their intellectual property rights. Stay tuned for evaluation of other common retailer’s processes, and notes on how they differ in several key areas. At McCoy Russell LLP, we commonly assist individuals and businesses with navigating takedown requests directly with retailers, and we take pride in helping our clients achieve favorable outcomes.

Patexia recently released their patent intelligence report for 2024. This report provides insights into the performance and activity of patent attorneys and agents, patent law firms, and companies by evaluating and ranking them based on their expertise, experience, success rate, and overall performance before the USPTO in the areas of biotech, high-tech, and overall practice. Among those organizations receiving accolades is McCoy Russell.

Further, John Russell has been ranked among the Top 25 Patent Attorneys. John has received much recognition for his work in patent law and is at the forefront of thought leadership through his blog www.mriplaw.com, which has become one of the most popular patent prosecution blogs available. Mr. IP Law has no paid advertising, and is fully supported by John’s personal involvement. Mr. IP Law helps elevate the practice of patent prosecution to a different level by sharing ideas, practical strategies, and opportunities with the Intellectual Property community so as to approve the ability of all innovators in securing the valuable intellectual property our economy needs to thrive.

McCoy Russell congratulates John on his recognition among the Top 25 Patent Attorneys in the U.S.