emc_uspatentlaw
Is an emoji art that can be copyrighted or a font that cannot? CUB CLUB v. APPLE
As technology evolves new legal questions present themselves. The hand written symbols and glyphs of ancient people evolved into written languages. The printing press and movable type allowed books to be mass produced and spurred
Patent on capacitors invalidated in inter partes review. PRESIDIO v. AVX
A patent is a set of exclusive rights granted to the inventor of an invention. To obtain a patent in the United States an inventor must file a patent application with the United States Patent
Knife manufacturer successfully overcomes rejection of trademark application. IN RE SHIVWORKS
A trademark is a word, phrase or symbol that tells consumers who is selling a product. The key feature of a trademark is the association consumers make between the trademark and products produced by a
Copying architectural plans for use as advertising material probably not fair use. RANIERI v. ADG
A copyright is a set of exclusive rights granted to the creator of a new work of expression. When an author, artist, musician or one of many other creative professionals creates a new work they
Petitioner has the burden of proof to show obviousness in an Inter Partes Review. GARMIN v. LOGANTREE
After a patent is granted it is not immune from attack. Inter partes review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims
Trademark registration refused because Slogan failed to act as a source identifier. IN RE DOUGLAS ELLIMAN REALTY
A trademark is something that the producer of a product brands products with to distinguish its products from competitor's products in the marketplace. In the United States using a trademark to brand products is the
Pet clothing seller sued for infringing on wrapping paper copyright. RIFLE PAPER v. PETCO
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. The creator of an original work of art
Patent to dampen vibrations partially invalidated because it claims a natural phenomena. AAM v. NEAPCO
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
SIKSILK refused trademark registration because clothing contained no silk. In re Monkey IP Limited
A trademark is a something that a producer of a product uses to distinguish its products from competitors. Trademark holders are granted the right to exclude others from placing the trademark on products not produced by
Is copying the style of an artist in an illustrated biography copyright infringement? CASTLE v. SCHOLASTIC
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