Monday 30 January 2023

How to become an Intellectual Property lawyer?

 Intellectual property attorneys are those particular gatherings of legitimate experts who help in doing suit simply connected with licensed innovation cases which might incorporate brand name, copyright, proprietary advantages to that of licenses and geological sign. The primary work of any Intellectual property legal counselor will be to choose the responsibility for encroached item or thought. There are different exercises that an Intellectual property lawyer should perform be it simply giving legitimate guidance to their client or looking for vaults of licenses for any new creation. All such work is easy to hear or simply discuss, however in viable ramifications, such exercises include an unreasonable measure of information and difficult work.



At the point when debates emerge, IP legal counselors are associated with the commencement of conversations between the gatherings who are engaged with the question and challenge any contentions that are against the interests of their client. To know about the specialization that any IP attorney can have, there are sure licensed innovation terms that should be taken into concern. Some of them are given beneath :

1) Patent-The topic on which the patent regulation is based is advancement, innovations, thoughts, and imagination. The three kinds of a patent that any patent regulation perceives are utility patents, plan and plant patents. While the first safeguards fabricating methodology, helpful strategies, matter organization, plan licenses incorporate the plan of decorative thoughts for any article that is currently getting made, any new plant that has been delivered through abiogenetic regenerative techniques come in the ambit of plant licenses.

2) Brand name: At whatever point there is a matter that is related with generosity or the distinguishing proof of any organization, the brand name becomes possibly the most important factor. The occupation of any IP legal counselor who has some expertise in brand name regulations is to guarantee that the brand name that has been given to a specific organization or individual shouldn't pass. In doing so the person in question ought to likewise take into concern whether the imprints that are in an issue are beguilingly comparable or not.

3) Proprietary innovations: Proprietary innovations safeguard the selectiveness of any article. The people or elements possessing the particular proprietary advantage have the selective right to make legitimate use of a similar except if the equivalent isn't uncovered.

4) Copyright: When the security of imaginative creation or imaginative belief systems come in worry of being encroached, copyright is a medium to safeguard something very similar.

These are a portion of the areas of specialization that are generally taken care of by any licensed innovation legal counselor for they normally go over.

Tuesday 17 January 2023

Mechanical Doping: The Running War on Super Shoes

Ever since Pheidippides ran from Marathon to Athens, athletes of all levels have marveled at the pursuit of running a marathon.1 26.2 miles is an incredibly daunting task, and professionals to amateurs alike have learned to respect the distance – the race does not owe anyone anything. The allure of competitive racing is the act of accomplishing something that many others cannot, as well as breaking personal barriers and records. For years, feats in professional distance running saw few advances and many runners were reaching unbreakable plateaus using the same shoes they’ve been wearing for years (with very minor advances in shoe technology). However, in recent years, many big players in sportswear have begun to develop what are now being called “super shoes.”2 Basically, this category of running footwear is inclusive of any shoe that is meant to be fast and lightweight with enough cushion and bounce to propel your next step to the finish.3 However, it is the implementation of a few more specific attributes that has garnered attention from runners, coaches, and sports journalists worldwide – carbon plates and engineered mesh upper.4 The addition of this plate, along with lightweight yet stable uppers, allows for a greater energy return during a runner’s stride and was marketed to have increased running economy by roughly over 4%, hence Nike’s naming of their shoe to be the “Vaporfly 4%.”5

Runners in Nike's Vaporfly & Alphafly



Super shoes are highly controversial by their very nature, and many consider them to be a form of “mechanical doping.”6 Mechanical doping has been at the subject of controversy in other endurance sports like swimming and cycling, as products in production have been banned for the unfair advantages that they offer the athletes who use them.7 Further, many regulations have needed to be put into place to prevent and monitor this form of “doping” by sports and rules federations around the globe.8 The advantages these super shoes offer to runners are no exception, as they seem highly unfair to runners who compete without them and almost appear illegal. In fact, Nike’s original Vaporfly model was banned from competition initially.9 Professional marathon runner and motivational athlete Eliud Kipchoge broke the all-time world record for his sub 2-hour marathon time in one of Nike’s super shoes, the Alphafly Next%10, and many athletes and critics were quick to discredit his time and overlook his race as a result almost entirely obtained because of his shoes.11 The reasoning adopted by these critics, albeit flawed12, does have roots in a serious issue regarding those shoes. The main reason for this argument was because, at the time, Nike was the only player in the sport making sneakers at this caliber and with this level of new technology.13 Their running shoe technology was groundbreaking, and non-Nike sponsored athletes were surely paying the price.14 Athletes at all levels that were not sponsored by Nike could not seem to catch a break, as, until recently, athletes at the podium were all sporting Nike running shoes alongside their medals and accolades. But now, seemingly every competing sportswear company that produces high-level running shoes is releasing models that can compete with Nike’s. Nike is still considered the mecca of running shoe producers to many, yet various athletes are breaking records and out-running Nike athletes in non-Nike shoes.15 Now, Nike is fighting back to remain at the top of the super shoe food chain.16

Eliud Kipchoge with Alphafly Next%'s



To very little surprise, the most popular competitor for Nike in this running shoe arms race is Adidas. The Checks vs. Stripes feud seems to date back nearly as far as Nike’s inception itself.17 You can imagine Adidas’ frustration when a company decades younger has soared to the top of nearly every sports market.18 But Adidas has been able to rival Nike’s Vaporfly and Alphafly models with the introduction of the Adidas Adios Pro line.19 These Adidas shoes are made using Primeknit technology, while Nike’s are made using patented Flyknit technology, and this is where the issue lies.20 Nike claims that Adidas has stolen their “game-changing” technology for various product designs, seeking injunctive relief as well as monetary damages.21 Before this complaint filed by Nike, Adidas lost in the U.S. Court of Appeals for the Federal Circuit to Nike after alleging that Nike violated two patents owned by Adidas.22 As part of their request for injunctive relief, Nike has further requested that the U.S International Trade Commission block all imports of various Adidas shoe models that allegedly infringe on Nike’s patented designs and technology.23 These patents that Nike seeks to protect are some of the most crucial aspects to the Vaporfly and Alphafly designs, as they allow the shoe to be extremely lightweight and comfortable, which in turn increases running performance in users.24 This technology is constantly being improved upon and changed, so it is uncertain whether these patent disputes are worth it for these companies in the long term, but for now they do not appear to be going away. Nike will attempt to protect their designs to stay on top, while Adidas will fight to remain as competitive as they can be as a late player to the game. While many other running brands, like Asics25, have developed a more unique model of super shoe, it is notable that Nike and Adidas are seemingly the only players that wish to compete not only with the entire market, but with each other in a separate battle to the finish.

Nike Alphafly Next% vs. Adidas Adios Pro



It is difficult to deny the extent and breadth of Nike’s impact on sportswear and the running world.26 While their competitive edge remains prevalent, many new players in the game of elite super shoe production seem to be startling the industry leader. It will be very interesting to see how this case ultimately plays out, as it will set important precedents in running shoe technology advances as super shoes only seem to be getting better and better with each new model. Moreover, it will be just another landmark case in the ongoing battle between Nike and Adidas to see who truly reigns supreme as the top sportswear brand.27

As this case continues, and as progressively more people pick up competitive racing as a result of the Covid-19 pandemic28, it is likely for us to see many similar complaints and cases regarding running shoe technology begin to develop. And it makes sense – superpower companies will always try to protect technology and products that they believe to be proprietary and top-notch, and smaller corporations will always fight to remain competitive in a market dominated by only a fraction of the total players. As of July 2022, Adidas and Nike are both set to release brand new models of their super shoes, the Adizero Adios Pro 3 and the Alphafly Next% 3 respectively, before the Fall 2022 marathon season.29 This will indeed make for a very interesting sneaker battle come time for the results of the fall circuit, and possibly the king of super shoes will be crowned once and for all.

1See Dean Karnazes, The Real Pheidippides Story, Runner’s World (Dec. 6, 2016), https://www.runnersworld.com/runners-stories/a20836761/the-real-pheidippides-story/.

2Jonathon Taylor, Super shoes: Explaining athletics’ new technological arms race, The Conversation (Mar. 2, 2021, 7:47 AM), https://theconversation.com/super-shoes-explaining-athletics-new-technological-arms-race-156265.

3See Jonathon Taylor, Super shoes: Explaining athletics’ new technological arms race, The Conversation (Mar. 2, 2021, 7:47 AM), https://theconversation.com/super-shoes-explaining-athletics-new-technological-arms-race-156265; Bryce Dyer, Nike Vaporfly ban: why World Athletics had to act against the high-tech shoes, The Conversation (Feb. 6, 2020, 6:50 AM), https://theconversation.com/nike-vaporfly-ban-why-world-athletics-had-to-act-against-the-high-tech-shoes-131249.

4E.g. Jonathon Taylor, Super shoes: Explaining athletics’ new technological arms race, The Conversation (Mar. 2, 2021, 7:47 AM), https://theconversation.com/super-shoes-explaining-athletics-new-technological-arms-race-156265.

5Id.

6E.g. THE CURIOUS CASE OF MECHANICAL DOPING, Sneaker Speculation (May 7, 2020), https://sneakerspeculation.com/2020/05/07/the-curious-case-of-mechanical-doping/.

7See id.

8See id.

9E.g. Stuart Greenwood, Kicking up a storm – a breakdown of Nike’s ground-breaking and controversial range of running shoes, AA Thornton (Feb. 2020), https://www.aathornton.com/nike-vaporfly/; Wall Street Journal, The Controversy Behind Nike’s Vaporfly Running Shoe, Explained | WSJ, YouTube (Jan. 23, 2020), https://www.youtube.com/watch?v=wVXrIaPuP7c.

10Luis Torres, How Eliud Kipchoge and the Nike AlphaFly Made History, Nice Kicks (Oct. 14, 2019), https://www.nicekicks.com/how-eliud-kipchoge-and-the-nike-alphafly-made-history/.

11See James Witts, Technological doping: The science of why Nike Alphaflys were banned from the Tokyo Olympics, Science Focus (Sept. 4, 2021, 4:00 PM), https://www.sciencefocus.com/the-human-body/nike-alphafly-banned-technological-doping/.

12See Brian Metzler, Banning Kipchoge’s Shoes Is the Dumbest Take in Running Right Now, Runner’s World (Oct. 21, 2019), https://www.runnersworld.com/gear/a29533576/ban-kipchoge-nike-shoes-vaporfly/.

13E.g. Running shoe tech: The Emperor’s clothes, and the issues for the integrity of running, The Science of Sport (Feb. 6, 2020), https://sportsscientists.com/2020/02/running-shoe-tech-the-emperors-clothes-and-the-issues-for-the-integrity-of-running/.

14THE CURIOUS CASE OF MECHANICAL DOPING, Sneaker Speculation (May 7, 2020), https://sneakerspeculation.com/2020/05/07/the-curious-case-of-mechanical-doping/.

15See Tony Owusu, Adidas Runs Into Nike FlyKnit Patent Lawsuit, TheStreet (Dec. 10, 2021, 9:18 AM), https://www.thestreet.com/investing/nike-sues-adidas-flyknit-patent.

16E.g. Rachel Bernardo, How Adidas Develops Adizero For World Record Performances, Believe In The Run (Apr. 21, 2022), https://www.believeintherun.com/adidas-adizero-roads-to-records/.

17NIKE VS ADIDAS: A CLASH OF GIANTS TO DOMINATE THE SNEAKER MARKET, AIO bot (Oct. 6, 2017), https://www.aiobot.com/nike-and-adidas-fight/.

18Id.

19See Brandon Law, Comparison: Nike Alphafly Next% vs Adidas Adizero Adios Pro, Running Shoes Guru (last visited July 6, 2022), https://www.runningshoesguru.com/comparison/nike-alphafly-next-vs-adidas-adizero-adios-pro/.

20Id.

21Id.

22See Blake Britian, Nike asks U.S. agency to block Adidas shoe imports, citing patents, Reuters (Dec. 9, 2021, 12:16 PM), https://www.reuters.com/legal/transactional/nike-asks-us-agency-block-adidas-shoe-imports-citing-patents-2021-12-09/; Brendan Pierson, IN BRIEF: Nike prevails in shoe patent dispute with Adidas, Reuters (June 25, 2020, 6:57 PM), https://www.reuters.com/article/ip-nike/in-brief-nike-prevails-in-shoe-patent-dispute-with-adidas-idUSL1N2E22SN.

23Id.

24Tony Owusu, Adidas Runs Into Nike FlyKnit Patent Lawsuit, TheStreet (Dec. 10, 2021, 9:18 AM), https://www.thestreet.com/investing/nike-sues-adidas-flyknit-patent.

25Cory Smith, ASICS Challenges Nike Super Shoe With ‘MetaSpeed Sky’: Review, Gear Junkie (Mar. 29, 2021), https://gearjunkie.com/footwear/asics-metaspeed-sky-running-shoe-review.

26E.g. id.

27See Nike vs Adidas Case Study: Who Is Winning? All You Need To Know, 440 Industries (Sept. 23, 2021), https://440industries.com/nike-vs-adidas-case-study-who-is-winning-all-you-need-to-know/.

28Wings for Life World Run, Running becoming increasingly popular, Red Bull (Jan 2, 2021), https://www.redbull.com/in-en/running-becoming-increasingly-popular.

29See Taylor Willson, NIKE VS ADIDAS: BATTLE OF THE “SUPER SHOE”, Highsnobiety (June 15, 2022), https://www.highsnobiety.com/p/nike-alphafly-next-2-adios-pro-3-super-shoe-info/.

Thursday 12 January 2023

When should you consider hiring an Intellectual property lawyer?

There are many different legal assistants that you can make use of when you need legal support. But, finding the right assistance is really essential. And, this is the hard part. 

One of the legal assistants that you can hire is the intellectual property lawyer Brooklyn, also known as the IP lawyer or attorney. Not everyone needs to hire this type of legal aid, but if you have a business, then this is something that you might want to consider. We are giving you all the information you need to know about when to hire these IP legal aids.  


 

Understanding what an intellectual property lawyer is 

The first thing that you need to know is what the Intellectual property assistant is and why they are different from litigation attorneys Brooklyn NY.  

An IP attorney is someone that is practising intellectual property law. They are assisting individuals and companies that have ownership rights over their products and creations. There are six different areas in which these legal assistants can assist people. This include: 

  • Patent law 

  • Copyright law 

  • Trademark law 

  • Licensing  

  • Trade secret law 

  • And, unfair competition

  •   

What does the intellectual property (IP) attorney do? 

To understand when you should hire an intellectual property attorney, you need to understand what they do daily. And, you need to make sure that you don’t get confused between intellectual property and civil litigation attorney Brooklyn. 

The basic purpose of IP legal aid is that they are protecting any product or service of a business. Like patent right on a new product, and copyright from your business logo and name. Without using them, you don’t have any chance of protecting any of your products not to be copied by someone else.  


When should you consider hiring one? 

Now, you will understand a lot better when you should hire an intellectual property lawyer in Brooklyn. When you want to launch your product for the first time, you need to get a patent right on the product first. Or, you need to get a copyright on your name and logo. Then, you need to hire this type of lawyer.  

No other lawyer will be able to do this for you. They have the experience and qualifications to protect your products or services from being copied. They will also handle any cases where someone has already stolen your idea, name, or logo while you have the rights to the products.  


Finding the right one is essential 

You can’t just make use of any IP lawyer when you are looking for protection on your products or services. You need to make sure that you are hiring one that has the most experience and success in the field. This is why you need to take the time to find the right lawyer or legal assistant for your business. 

When you research the lawyer, you need to look at the success rate, experience, and recommendations before you can make a final decision. The last thing that you need is to hire someone that doesn’t have the experience you need to keep your products and services safe.  


Tips on how to find the right IP lawyer  

With these tips, you will find the best IP lawyer, or even litigation attorney Brooklyn NY if needed. These rules and guidelines are general to finding any legal assistant. 

As around to family and friends. They might know someone that is a recommended attorney that you can use to get your rights protected. Or, they know someone that has used an IP legal assistant before and they know whom you can trust and whom you can’t trust.  

Doing research online, reading reviews, and making sure that you are hiring an experienced lawyer are the three top things to do when looking for any type of legal assistance.  

An intellectual property lawyer in Brooklyn is something that you can use when you want your new products or services protected. You don’t want to hire someone that isn’t recommended, discreet, and taking your business seriously. This is why our guide is so important. We are making sure that you will be able to find someone you can trust and that will assist you without any problems or regrets.