An ethics blog for IP attorneys
Attorneys who find themselves in the crosshairs of an ethics investigation or disciplinary proceeding face significant costs. When a lawyer receives a bar complaint, they typically focus on what it will cost to pay an attorney to represent them. But the true price of an ethics investigation involves much more than just lawyer fees. Lawyers […]
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For any attorney, navigating conflicts of interest is a cornerstone of a solid legal practice. The fundamental rules are simple: you cannot represent one client if their interests are directly adverse to another client, or if your duties to a client would be materially limited by your duties to another current or former client, third […]
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Receiving a sanctions motion or an order to show cause (OSC) can be a jarring experience for any attorney. It’s a direct challenge to your professional reputation, and the instinct might be to defend yourself personally. However, recent publicly filed responses underscore the need to carefully craft responses that both protect your client and your […]
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Introduction On April 16, 2025, the U.S. Patent and Trademark Office (USPTO) announced a new Fraud Detection and Mitigation Working Group. The USPTO states that the working group is aimed at protecting the integrity of the patent system. In doing so, they also announced another change, the suspension of expedited examination for design patent applications, […]
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McCabe & Ali is proud to have signed the amicus brief of Solo and Small Firm attorneys backing Perkins Coie’s challenge in the D.C. District Court to the Trump administration’s executive order targeting it. Our firm, and 333 others, have requested leave to file an amicus brief condemning the order stripping security clearances from and […]
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We’ve been tracking the burgeoning use of generative AI by patent and trademark lawyers, previously exploring its potential and pitfalls, including the use of AI before the TTAB, a warning about hallucination, and an IP lawyer’s guide to AI. However, we had yet to see the USPTO actually discipline an attorney for the use of […]
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When ChatGPT went live in late 2022, lawyers were some of the first to buy into its potential. Don’t like to do research? No prob; AI has you covered. Not the best writer on the block? No sweat, let AI craft your winning brief. Some lawyers were led to believe it would be stupid NOT […]
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The search for the next USPTO Director is underway, and sources indicate one notable candidate whose name is being discussed by the Trump administration is Pillsbury Winthrop long-time partner William P. Atkins.
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Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark. Briefly, the parties we involved in a civil action with respect to a mark: “The Rascals.” After a number […]
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From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates. However, in today’s global economy, many clients demand global trademark and patent protection—so is it unethical for a U.S. Trademark Attorney to work with […]
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