emc_uspatentlaw
Trade dress registration on carbon fiber rifle barrel canceled because it is functional. MCGOWEN v. PROOF RESEARCH
Trade dress constitutes a "symbol" or "device" within the meaning of §2 of the Trademark Act, 15 U.S.C. §1052. Trade dress originally included only the packaging or "dressing" of a product, but in recent years
How many issues can you spot in this copyright infringement case? ONKEN v. HEARST
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
Tele-medicine patent for creating pharmaceuticals deemed obvious. BECTON v. BAXTER
Once a patent is granted, the patent is not immune from review. 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.
Trademark for concealed carry opposed by soda manufacturer. COCA-COLA v. HOFF
A trademark is something on a product which indicates to consumers the identity of the manufacturer. A trademark can be registered with the United States Patent and Trademark Office to strengthen the rights associated with
Copyright infringement case focuses on Illustration of Dante’s Inferno. BUNDY v. NIRVANA
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
Medical test monitoring patent rejected because it was directed to an abstract idea. IN RE: GALE
Getting a patent is not a simple task. There are many requirements that an inventor must meet to get a patent on an invention. The invention must meet the patent requirements, including novelty, non-obviousness, written description, and
USPTO refuses trademark application for CLEAR because products are not transparent. IN RE: DOLCE VITA
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
Taking excerpts of news articles does not typically qualify as a fair use. AP v. MELTWATER
Copyright law grants the creator of a new expressive work of art certain exclusive rights. When an artist paints a picture, takes a photograph or creates art in some other tangible medium, the artist is
Using flavorant to prevent pseudoephedrine misuse found to be obvious. IN RE: RAJAGOPALAN
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
The jury gets to decided if a confused consumer is sophisticated. SELECT COMFORT v. DIRES
The first person to use a trademark to brand products is referred to as the senior user, subsequent users of the same trademark are known as junior users. If a junior trademark user brands products