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In a trademark dispute, intellectual property infringement case, and other federal litigation related to brands, copyrights, and other federally protected proprietary rights, confidential settlement negotiations are a key component of resolving a case before the matter reaches trial.

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Registering a trademark is an important step for a technology startup or entrepreneur launching a new brand, mobile application, software technology, or even hardware products. Brand matters, and trademarks protect legally protect brand names by giving a trademark owner the legal right to exclude others from using an identical trademark that is likely to cause confusion in market.

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When in a trademark litigation involving a brand for a tech startup company, the goal is usually to settle before trial, provided a good settlement agreement can be reached. One deal point, or negotiation point, that may arise in trademark settlement negotiations, whether under FRE 408 or other negotiations, can be the inclusion of attorneys’ fees, or stipulated damages.

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The USPTO divides all federal trademark applications into two categories. One category is the Use-in-Commerce Application, also known as a UIC Application, or a Section 1(a) Application. The other category is an Intent-to-Use Application, also known as an ITU Application, or a Section 1(b) Application. There are several distinctions between these types of federal trademark applications, and the decision to select one or the other involves a myriad of legal and business considerations.

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In 1959, Volvo invented the modern three-point seatbelt. Until that time, seatbelts were typically two-point designs that contained only a waist restraint with no upper-body restraint. On July 10, 1962, the USPTO issued US Patent No. 3,043,625 to Nils Bohlin, Volvo engineer and inventor of the safety belt.

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Client-lawyer confidentiality encompasses the attorney-client privilege, the work-product doctrine, and ethical standards of confidentiality. It applies to any information related to the representation and to any matters communicated in confidence by the client. Thus, even initial consultations between attorneys and their prospective clients will be covered.

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In 2013 the United States Supreme Court, the highest court in the land, ruled on validity of a venue clause in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 571 U.S. 49 on the enforcement of forum selection clauses.