emc_uspatentlaw
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
Apple loses standing to appeal PTAB decision when it settles with Qualcomm. APPLE v. QUALCOMM
When an inventor seeks a patent, the invention must meet several requirements for a patent to be granted but the fundamental requirements are that the invention is new, useful and not obvious. An invention is
Jury not given the definition of “willful” $95 million trademark judgement vacated. VARIETY v. WALMART
A trademark is something that tells consumers who produced a product. A trademark can be registered to strengthened the rights associated with the trademark, but registration is not required to begin using a trademark, and
Is distributing photographs of a sculpture for sale fair use? NOLAND v. JANSSEN
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
Aerodynamic truck skirt patent found partially invalid. TRANSTEX v. LAYDON
A patent is not immune from review after it is granted. If a member of the public discovers prior art which would anticipate (35 U.S.C. §102) or render a patented invention obvious (35 U.S.C. §103),
Art shows sues the town it is named after for trademark infringement. LQAF v. CITY OF LA QUINTA
Trademark law draws its strength from consumer protection laws. The rationale for granting a trademark user the exclusive right to brand goods with a trademark is to prevent consumers from being tricked into buying inferior
Warhol prints of the artist Prince found not to be fair use as a matter of law. WARHOL v. GOLDSMITH
United States copyright law uses the phrase, original works of authorship, to describe what is protected by copyright law. This phrase is given an expansive meaning which covers creative works other than books. Music, movies, photographs
Ride share patent invalidated for being indefinite. RIDEAPP v. LYFT
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
Dismissal of trademark lawsuit against print on demand website, reversed. OSU v. REDBUBBLE
Trademark law in the United States grants the owner of a trademark the right to exclude others from using a trademark in a way that is likely to cause consumer confusion. Trademark infringement is the unauthorized