emc_uspatentlaw
US Supreme Court asked to clarify the standard for fictional character copyright. DANIELS v. WALT DISNEY
Well developed and recognizable characters are the life blood of a successful story. Characters make a story entertaining and interesting. Authors dedicate a significant amount of time developing a backstory for the characters of a
May the PTAB uphold a patent in an IPR when the patent owner doesn’t defend itself? FANDUEL v. INTERACTIVE GAMES
After a patent is granted, if a member of the public discovers prior art which would render a patented invention obvious, that member of the public can request an inter partes review of the patent. Inter
Hat seller flips their lid over similar trademark. NEW ERA v. PRO ERA
A trademark is something on a product which indicates to consumers the identity of the manufacturer. Traditionally a trademark is though of as a word, phrase or symbol, but just about anything that identifies the source
Pirates of the Caribbean copyright lawsuit revived from the dead. ALFRED v. WALT DISNEY
A copyright is a set of exclusive rights granted to the creator of an original work of art when the art is fixed in a tangible form. Registering the work with the United States Copyright
Can patent claims be invalidated because they are indefinite in inter partes review? INTEL v. ALACRITECH
A patent is a government granted monopoly on an invention for a limited period of time, issued to the inventor of an invention. An inventor can apply for a patent in the United States by
Coffee house successfully cancels competitor’s trademark registration. THE COFFEE STUDIO v. REIGN
A trademark is traditionally thought of as a word, phrase or symbol, but anything that a product seller uses to distinguish its products from competitor's products can be granted trademark protection. A trademark can be
Is it fair use to record and distribute a shareholder conference call? SWATCH v. BLOOMBERG
A copyright is a set of exclusive rights granted to the creator a new work of expression. Copyright law in the United States protects many different types of artistic works such as sound recordings, books
Fundamental economic practices are not patent eligible. WESTERN EXPRESS v. GREEN DOT
A patent is a set of exclusive rights granted to the inventor of a new, useful and not obvious invention. In the United States an inventor gains a patent by filing a patent application with
Are promotional gifts enough to demonstrate a trademark is being used? BREW 4U v. ICON DESIGN
A trademark is something that a product seller uses to identify the products it sells. A word, phrase or symbol is what most people commonly think of as a trademark, but anything that a product
Did giving Sherlock Holmes a heart reset the copyright term? CONAN DOYLE ESTATEv. NANCY SPRINGER
A copyright is a set of exclusive rights granted to someone that creates an original work of authorship. Copyright grants an author the exclusive right to reproduce, distribute, perform, display, transmit and make derivative works