Gerben IP

Presidential Candidate and former President Donald Trump won a case! In the Supreme Court (of all places)! And he wasn't even there! Join me on August?14th, 2024 at?9 am, for a CLE on Hot Topics in Intellectual Property Law. I will discuss the recent TRUMP TOO SMALL trademark case. This CLE will feature a roster of amazing speakers. Moderated by Nancy Del Pizzo. Hosted by the New Jersey State Bar Association Sign up here:???https://lnkd.in/er9JgDju

In January 2024, I filed a routine Office Action response to a procedural Office Action issued by the USPTO examining attorney assigned to my client's application. Then I waited for it to process. And waited. And waited. I knew the current "wait time" was over 4 months and had been told previously there was nothing they could do. Approaching six months, my client was fed up and I emailed the examiner, assuming it had some kind of procedural defect or this was a one-off issue. Instead, I received a response stating that a six-month delay in processing a basic Office Action response was due to a "backlog." Business as usual. SIX MONTHS to process a basic Office Action. According to the USPTO's website, their "target goal" is 14 days, and their 'average' is 114 days (which is about 2 months less than my filing- where is that 114 days number coming from?) What is the USPTO doing to address this? #trademarks #USPTO

As this week comes to a close, I wanted to reflect on a substantial "first" in my legal career. Yesterday, I had the opportunity to appear in Federal Court for the first time in the Southern District of New York. While appearing in one of the most well-known courthouses in the country can be frightening, I truly think it was best case scenario for a few reasons: 1. The District Judge in charge of our case has a local rule encouraging new associates without a lot of oral argument experience to appear in her courtroom. By pointing this rule out when scheduling a hearing, she makes the opportunity less intimidating, knowing she's encouraging a learning environment. 2. My firm, Gerben IP , was very supportive, including Josh Gerben, who dealt with a few panicked client messages in my absence, and Eric Perrott, who dealt with more than a few panicked messages from me.?I got to work with Kathryn G. Kent, who was there every step of the way from weekend questions about what to wear, 10pm questions about case law, and standing beside me as the judge issued her decision. 3. Most notably, there were only women in the courtroom. In both a male-dominated field and in a prestigious courthouse, it's rare that everyone present, including court reporters, interns, clerks, judges, and attorneys, is a woman. Even opposing counsel commented on the unique situation before the hearing began. While it did not change the legitimacy of the proceeding or the caliber of the arguments, it made the moment more special. Everyone has to go first once, and I'm very glad this was mine. Thank you to everyone involved! P.S. We won!

Congratulations to these 3L students on accepting post-grad jobs! Morgan Rainey is heading to the Dauphin County District Attorney's Office to be an Assistant District Attorney. Sam Roos will be working as a Term Clerk for Judge Daryl Bloom in Harrisburg. Tessa Brandsema will be an Associate Attorney at Gerben IP in Washington, DC. #PracticeGreatness

Our law firm is celebrating 16 YEARS(!) in business this month. I've learned a lot about running a business over this time. So.... since 16 is the number of the day... Here are 16 things I've learned from running a small business (that happens to be a law firm): 1. Your company is your people. No one can do it themselves. Building a good team of people is the secret sauce to any business. 2. You have to spend money to make money. If you don't allot a big budget for marketing, your?business will never grow. 3. Don't be the cheapest solution. Find clients and customers that will pay for a premium service. 4. Buy life and disability insurance?when you are young. I did it at 32. It would have been cheaper at 30. But having the insurance protects my family in case I go down. 5. Trust your gut. If I have a strong feeling it is almost never wrong. 6. Take advice. I regularly call mentors and ask for advice about problems I am facing in my business. 7. Mitigate risks. Everything you do in business is risky. Mitigate risk by hiring good legal, IT, insurance,?and financial advisors. 8. Take time to reflect and think. My best revelations?about my business come when I'm in the shower, out for a walk, or sitting in a dark and quiet room. 9. Accept that no one will care about the business?the?way you do. You just need people who are 80% as committed as you are and you will be ahead of the game. 10. Incentivize employees. Provide the ability for employees to earn bonuses every single month. Don't make people wait for a?once-a-year?raise. 11. Post on social media. This deepens relationships with current clients and recruits future employees for our business. 12. Be kind to everyone. Kindness goes such a long way to preventing and solving problems. 13. Your health is your #1 priority. Make sure you eat right, exercise,?and get the right?amount of rest. Your body has to be in good shape for you to perform daily. 14. Fire fast. Having a person that is not the right fit for your company?linger around causes issues from morale to client service. 15. Always be improving. After 16 years, I still find ways to improve our business every single day. 16. Remember... The end is nothing. The road is all. Enjoy the journey you are on. Don't wish the time away. Life is too short. #businesstips #businessadvice #smallbusiness