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Hiphop music video website loses safe harbor protection for copyright infringement. ATLANTIC v. SPINRILLA

30 Dec, 2020 / emc_uspatentlaw 0 Comment

In 1998 the United States passed the Digital Millennium Copyright Act (DMCA). The DMCA implemented a number of laws that brought United States Copyright law into sync with World Intellectual Property Organization Treaty requirements. One

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PTAB patent claim construction found unreasonable for hand held motion capture device. KEYNETIK v. SAMSUNG

28 Dec, 2020 / emc_uspatentlaw 0 Comment

Once a patent is granted, the patent is not immune from review.  If a member of the public discovers prior art which would anticipate or render a patented invention obvious, that member of the public

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Does trademark fair use allow a login screen to be copied? PNC v. PLAID

25 Dec, 2020 / emc_uspatentlaw 0 Comment

Trademark infringement is when someone, other than the owner of a trademark, uses a trademark in a way that causes consumers to be confused about the identity of the producer of a product.  Clearly, if

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Unauthorized Dr. Seuss and Star Trek mashup found not to be fair use. SEUSS v. COMICMIX

23 Dec, 2020 / emc_uspatentlaw 0 Comment

A copyright is a set of exclusive rights granted to the creator of a new expressive work. Paintings, books, sculptures and movies are some of the types of art that are granted copyright protection. When

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Do two incompatible machines make an invention obvious? IN RE: EARLEY

21 Dec, 2020 / emc_uspatentlaw 0 Comment

A patent is a government granted monopoly on an invention for a limited period of time. To be granted a patent in the United States an inventor must file a patent application with the United

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BREW SCIENCE deemed too descriptive for trademark protection. IN RE COLES

18 Dec, 2020 / emc_uspatentlaw 0 Comment

A trademark is something that a manufacturer uses to signal to consumers that the manufacturer is the source of a product. A trademark is traditionally a symbol, word or phrase, but a trademark can also

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Does removing photo credits constitute copyright infringement? MANGO v. BUZZFEED

16 Dec, 2020 / emc_uspatentlaw 0 Comment

The Digital Millennium Copyright Act is a law that was introduced in the United States in 1998 to update the Copyright Law of the United States.  The Copyright Law was written long before inventions such as computers

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Patent on high fiber cookies rejected as obvious. IN RE: FULTON

14 Dec, 2020 / emc_uspatentlaw 0 Comment

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

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Does the market you choose to sell your products limit your right to a trademark? EXCELLED v. OREGON BREWING

11 Dec, 2020 / emc_uspatentlaw 0 Comment

A trademark is something that consumers associate with the manufacturer of a product.  Traditionally a trademark is thought of as a symbol, word or phrase, but anything that signals to consumers the identity of the

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Italian composer successfully reclaims the copyright to his work in the United States. MORRICONE v. BIXIO

09 Dec, 2020 / emc_uspatentlaw 0 Comment

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

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  • Trademark for frozen alcohol treats canceled for abandonment. BOOZE POPS v. INDIGO ICE
  • Does fair use allow annotated statutes to be reproduced? CRC v. PUBLIC.RESOURCE
  • Flower arranging computer program not eligible for patent protection. IN RE: STURGEON
  • Landlord of counterfeit watch seller found liable for contributory trademark infringement. OMEGA v. 375 CANAL
  • High school English teacher sues online streaming service for copyright infringement. WOOTEN v. NETFLIX

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This article is designed to provide information regarding the subject matter contained herein.  The author does not warrant the accuracy, reliability or currentness of the information contained in this, or any prior version, of this publication.  This publication is not a solicitation of legal advice nor should it be construed by the user in any manner as providing legal, accounting or other professional advice or service.  This publication is not a substitute for the advice of an attorney or other professional.  If you require legal or other expert advice, you should seek the service of a competent attorney and/or other professional.