emc_uspatentlaw
Is it fair use to record live TV and make it searchable? FOX NEWS v. TV EYES
A copyright is a set of exclusive rights granted to the creator of an original work of expression. Copyright law protects original works of expression like books, music, movies, and photographs. A copyright owner is
Patent on cell phone radio not obvious because no motivation to combine. APPLE v. INVT
After a patent is granted it is still subject to review. The America Invents Act introduced inter partes review, which is a method to get a patent declared invalid. Inter partes review is a trial
Trademark dispute over blue octagon. ADT v. RING
In the United States using a trademark to brand products automatically grants the trademark user a claim to the trademark. The trademark rights associated with a symbol can be further strengthened by registering the symbol
Can a copyrighted work be classified as a work for hire after it is created? KAUFFMANN v. RIT
A copyright is a set of exclusive rights granted to the creator of a new artistic expression. When an artist creates a new work of art, the artist is automatically granted a copyright to their
Skin cream patent invalidated because it didn’t define how much it decreased wrinkles. UMASS v. L’OREAL
A patent is a complicated document with several different sections. The claims of a patent are like property lines on a map. Elements of an invention can be described in the specification section of the
Trademark registration opposed because punctuation was only difference between marks. Massage Heights v. TruCore
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
NFL player uses an image of himself to make a trademark, gets sued for copyright infringement. BARNES v. JACKSON
When a creator fixes a work in a tangible medium they are automatically granted a copyright to the work. The creator can strengthen the rights associated with the copyright in the United States by registering
Patent application for food allergy tracking system rejected as obvious. IN RE: KAVANAGH
To get a patent on an invention in the United States, an inventor must file a patent application with the United States Patent and Trademark Office. For the patent application to be granted, the invention
Preliminary injunction denied in trademark dispute between breweries named for ocean currents. LOW TIDE v. TIDELAND
A trademark is something that a producer of goods or services uses to distinguish their products in the marketplace. Anything that serves the purpose of telling consumers who produced a product can be eligible for
Copying an API can be protected by fair use. GOOGLE V. ORACLE
Copyright law and software are like oil and water. If you shake them up, they will mix for a while, but over time they will separate. The fundamental problem is software runs on computers, computers