emc_uspatentlaw
Music company gets sued by ISP for sending a DMCA takedown notices to the wrong email address. COX v. BMG
A copyright is a set of exclusive rights granted to the creator of a new work of expression. A copyright grants its own the exclusive right to reproduce, distribute, perform, display, transmit and make derivative
Method of delivering mobile ads that breaks operating system security deemed patent ineligible. FREE STREAM v. ALPHONSO
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
JUST BET IT trademark registration blocked by JUST DO IT. NIKE v. HONEST E
Obtaining a right to a trademark in the United States is based on using the trademark in commerce. The first person to use a trademark to brand products is considered the senior user and has
Seventh Circuit holds, unless architectural plans are virtually identical, no copyright infringement. DESIGN BASICS v. SIGNATURE
When most people think of copyright they think of art like sculpture, music or movies. Copyright law in the United States does grant copyright protection to many other creative works of expression. The Architectural Works
Patent on memory chip not completely anticipated by prior art. MICRON v. NORTH STAR
A patent grants its owner the exclusive right to make, use, sell and import the invention claimed in the patent. A patent is granted to the inventor of a new, useful and not obvious invention.
Jesters battle over the right to use “Fool” as a trademark. MOTLEY FOOL v. CRYPTO FOOLS
Anything used to signal the identity of the producer of a product from competitor's products can be eligible for trademark protection. A trademark can be registered with the United States Patent and Trademark Office to
Is it fair use to record live TV and make it searchable? FOX NEWS v. TV EYES
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
Patent on cell phone radio not obvious because no motivation to combine. APPLE v. INVT
After a patent is granted it is still subject to review. The America Invents Act introduced inter partes review, which is a method to get a patent declared invalid. Inter partes review is a trial
Trademark dispute over blue octagon. ADT v. RING
In the United States using a trademark to brand products automatically grants the trademark user a claim to the trademark. The trademark rights associated with a symbol can be further strengthened by registering the symbol
Can a copyrighted work be classified as a work for hire after it is created? KAUFFMANN v. RIT
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