emc_uspatentlaw
Stink over air freshener trademark. CAR-FRESHNER v. AMERICAN COVERS
When a company uses a symbol to distinguish its products from other products in the marketplace, that symbol can be considered a trademark. In the United States using a trademark automatically grants the trademark user
State common law right of publicity preempted by federal copyright law. JACKSON v. ROBERTS
A copyright is a set of exclusive rights granted to the creator of a new work of expression when it is fixed in a tangible medium. Copyright protects works like photographs, sculpture, literature and software.
Patent on city building mobile game survives review, barely. GREE v. SUPERCELL
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
Trademark dispute between drone maker and drone photographer. HOVERFLY v. HOVERFLY
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
Science fiction stories featuring tardigrade not substantially similar, no copyright infringement. ABDIN, v. CBS
Copyright is a legal protection granted to the creator of a new work of expression. Painters, sculptors, photographers, musicians, authors are all creative occupations whose works can be protected by copyright. Copyright allows creators to
Federal Circuit grants writ of mandamus to transfer case from Texas to California. IN RE APPLE
In the United States the federal rules of civil procedure govern the filing of law suits in federal courts, including lawsuits related to patent infringement. The venue statute, 28 U. S. C. §1400(b), provides that
Corrugated box design found to be functional, trade dress application denied. REELEX PACKAGING
A trademark is traditionally thought of as a word, phrase or symbol that a manufacturer places on their products. However, just about anything that signals to consumers the identity of the company that produced a
Is reproducing images of a magazine to sell the magazine copyright infringement? ROSEN v. EBAY
Copyright grants a creator of a new work of expression the exclusive right to reproduce, distribute, perform, display, transmit and make derivative works based on the original. The exclusive rights of a copyright are broad,
TC HEARTLAND’s limitations on patent infringement venue applies to Hatch-Waxman Act. VALEANT v. MYLAN
A patent is a set of exclusive rights granted to an inventor of an invention. If someone other than that patent owner exercises one of the rights granted to the patent owner, without permission, that
Energy drink maker opposes personal trainer’s bull trademark. RED BULL v. LENTZKE
A trademark is something that a producer of products uses to brand the product it sells. Traditionally a trademark is thought of as a symbol, word or phrase that is used to distinguish similar products