Seventy years ago, Congress agreed on comprehensive federal trademark legislation that, for the most part, still exists today. This 1946 law is commonly referred to as the Lanham Act See 15 USC 1051. Collectively, we’ve been practicing trademark law for about as long as this statute is old, but it’s important to know that the Lanham Act is not the
Your client calls to tell you they’ve developed this extraordinary new product concept and wonders how it can be protected (i.e., how can we keep competitors from offering the same thing?). You realize right away that this might be achieved by patent protection, but what possible value, exactly, does a patent provide? Exclusion Owning a patent doesn’t confer the patent
“ Numerous trademarks and copyrights protect a good part of our Valentine’s Day commercialism and one particular image now associated with Valentine’s Day is a character named Betty Boop.” “Betty Boop’s history is rife with controversy, particularly in regard to the intellectual property rights to her name and image.” February is the month for lovers, relationships and maybe making long-term
Legal fictions are everywhere. For instance, we often invent people to play roles in applying our legal standards. The most well-known is probably the reasonable person standard for a negligence determination where the liability evaluation is based on how an idealized person exercising ordinary prudence would act in a certain situation. The reasonable person is not an average person and
The Copyrights of Christmas Christmas has a musical tradition like no other holiday. Celebrating the season with songs and carols dates back centuries. Now, the close association of music and Christmas extends to today’s most popular communication medium – the Internet. Sharing content using social media has become part of the fabric of our holiday celebrations. When you share a
Let’s talk about confidentiality, in the context of filings made by applicants at the United States Patent and Trademark Office (USPTO). When are such filings publicly available? What can be learned from such filings? Why should you and your clients care? Patents All original U.S. patent filings are confidential, at least for a while. Design patent applications – No information
Copyright law can be a labyrinth, an infringement minotaur waiting to jump on the unwary. Your head may spin when trying to determine infringement, non-infringement and fair use. Fair use, or the limited unauthorized reproduction of copyright material, is a legal doctrine codified in The Copyright Act of 1976. 17 U.S.C. § 107 states, “[T]he fair use of a copyrighted
There are many types of false and misleading advertising tactics. For example, bait and switch advertising, high pressure sales tactics, artificially inflating prices, deceptive form contracts, and the failure to disclose certain facts. Our focus in this article is how to deal with the situation where your client, a business owner, comes to you and says, “My competitor has published
Seventy years ago, Congress agreed on comprehensive federal trademark legislation that, for the most part, still exists today. This 1946 law is commonly referred to as the Lanham Act See 15 USC 1051. Collectively, we’ve been practicing trademark law for about as long as this statute is old, but it’s important to know that the Lanham Act is not the
Your client calls to tell you they’ve developed this extraordinary new product concept and wonders how it can be protected (i.e., how can we keep competitors from offering the same thing?). You realize right away that this might be achieved by patent protection, but what possible value, exactly, does a patent provide? Exclusion Owning a patent doesn’t confer the patent
“ Numerous trademarks and copyrights protect a good part of our Valentine’s Day commercialism and one particular image now associated with Valentine’s Day is a character named Betty Boop.” “Betty Boop’s history is rife with controversy, particularly in regard to the intellectual property rights to her name and image.” February is the month for lovers, relationships and maybe making long-term
Legal fictions are everywhere. For instance, we often invent people to play roles in applying our legal standards. The most well-known is probably the reasonable person standard for a negligence determination where the liability evaluation is based on how an idealized person exercising ordinary prudence would act in a certain situation. The reasonable person is not an average person and
The Copyrights of Christmas Christmas has a musical tradition like no other holiday. Celebrating the season with songs and carols dates back centuries. Now, the close association of music and Christmas extends to today’s most popular communication medium – the Internet. Sharing content using social media has become part of the fabric of our holiday celebrations. When you share a
Let’s talk about confidentiality, in the context of filings made by applicants at the United States Patent and Trademark Office (USPTO). When are such filings publicly available? What can be learned from such filings? Why should you and your clients care? Patents All original U.S. patent filings are confidential, at least for a while. Design patent applications – No information
Copyright law can be a labyrinth, an infringement minotaur waiting to jump on the unwary. Your head may spin when trying to determine infringement, non-infringement and fair use. Fair use, or the limited unauthorized reproduction of copyright material, is a legal doctrine codified in The Copyright Act of 1976. 17 U.S.C. § 107 states, “[T]he fair use of a copyrighted
There are many types of false and misleading advertising tactics. For example, bait and switch advertising, high pressure sales tactics, artificially inflating prices, deceptive form contracts, and the failure to disclose certain facts. Our focus in this article is how to deal with the situation where your client, a business owner, comes to you and says, “My competitor has published
