By: H.W. Pfabe | March 26, 2018

Just a quick reminder that the first in a two-part series of Intellectual Property Workshops for Small Businesses and Start-Ups will be presented this Wednesday, March 28, 2018, at the Picknelly Center in Holyoke, MA.

The workshops consist of presentations which form an introduction to Intellectual Property for your business, as well as providing a close setting for discussions, including an opportunity to ask the attorney any questions that you may have.

The first workshop will cover:

  • What is IP?
  • Why should Your Business care about IP?
  • What is a Trademark?
  • How do you Apply for a Trademark?
  • What is Trade Dress?
  • How do you Protect Trade Dress?
  • What is a Copyright?
  • What does Copyright Protect?
  • How do you Apply for a Copyright?
  • Do you Need a Copyright?
  • Cop...

By: H.W. Pfabe | November 23, 2017

Category: Uncategorized 

Tags: Thanksgiving 

By: H.W. Pfabe | September 20, 2017


One of my clients was just granted her first federal trademark. As I prepared a letter to congratulate her and give her the registration number, I did a quick search to confirm that the information in the USPTO registration was correct (it isn’t always). Coincidence of coincidences, I found that on the same day her trademark was granted, someone else attempted to register their own trademark… for the exact same word.


So, I let my client know that she had been granted her trademark, and needed to continue protecting it. I also let her know that there was another mark pending which MIGHT be concerning.


My client asked one question in response to both statements: Now what?






By: H.W. Pfabe | August 01, 2017



Sometimes, you Patent something because your goals are to do or make exactly what is in that Patent. Other times, however, you Patent something that you DON’T want to do.


A recent Patent awarded to Amazon is a perfect example of this.





On May 30, 2017, Amazon was awarded U.S. Patent #9,665881, titled “Physical Store Online Shopping Control.” The claims at the end of the Patent, which tell you what the Patent actually protects, describe a method of intercepting a customer when that customer is in a brick-and-mortar store and decides to go online to shop for a better deal.


Checking out products in stores while comparing prices online is a common practice. It has its own name: “Showrooming.” ...

By: H.W. Pfabe | June 20, 2017


When starting a business, there are a lot of things to keep in mind. One question that many small businesses tend to overlook is that of where they should incorporate. Some just incorporate right in their home state. Others say “I hear a lot of companies are based in Delaware. I’ll do that.” However, as of May 22, 2017, the Supreme Court has given businesses some more to think about.





The members of the US Supreme Court rarely all agree. In fact, that’s part of the point. They come from different backgrounds, with different political beliefs, and decisions are made by a majority. Sometimes those who are more liberal end up happier with the decisions, and sometimes those who are more conservative do....