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Relying solely on the Berne convention, will forfeiture statutory damages in the US.
A copyright is a set of exclusive rights granted to the creator of a new work of expression. Sculpture, photography, literature, are all works which are protected by copyright law. Computer software is eligible for copyright protection as a form of literature. The creator of a new work is granted a copyright when the work…
Read MoreCan my website infringe on a patent? realZOOM patent
A patent is a set of exclusive rights granted to the inventor of an invention that meets certain requirements. The obtain a patent in the United States an inventor must file a patent application with the United States Patent and Trademark Office. A patent examiner at the United States Patent and Trademark Office will review…
Read MoreProposed legislation would allow governments to trademark flags in the United States
A trademark is something used to brand products to tell consumers who produced a product. Traditionally a trademark is thought of as a simple symbol word or phrase, however anything that signals to consumers the identity of a product manufacturer can be eligible for trademark protection. In the United States the first person to use…
Read MoreCopyright lawsuit barred by failed patent lawsuit. MEDIA RIGHTS TECH v. MICROSOFT
A copyright is a set of exclusive rights granted to the creator of a new work of expression when it is fixed in a tangible medium. Copyright protects works like photographs, sculpture, literature and software. Copyright law grants the owner of a copyright the exclusive right to reproduce, distribute, perform, display transmit or make derivative…
Read MoreDon’t file a patent infringement suit without a reasonable investigation. THERMOLIFE v. GNC
A patent is a set of exclusive rights granted to the inventor of a new invention. To be granted a patent in the United States an inventor must file a patent application with the United States Patent and Trademark Office. The patent application is reviewed to ensure that it complies with all of the requirements…
Read MoreCan I use my competitors trademark to advertise my products? NESPRESSO v. JONES
Trademark law protects the commercial identity or brand of a business by discouraging other businesses from adopting a name or logo that is "confusingly similar" to the brand of another business. Traditionally a trademark is thought of as a symbol, word or phrase but anything that a business uses to brand its goods can be…
Read MoreFree pictures on the internet still come with copyright consequences. PHILPOT v. WOS
A copyright is a granted to the creator of new expressive work when the work is created. Copyright law grants the creator of a new work of expression the exclusive right to reproduce, distribute, perform, display, transmit and make derivative works based on the original. If someone other than the copyright owner attempts to exercise…
Read MoreSuccessful patent infringement cases hinge on expert testimony. KRANOS v. RIDDELL
A patent grants its owner the exclusive right to make, use, sell and import the invention described in the patent. In the United States an inventor gains a patent by filing a patent application with the United States Patent and Trademark Office. The United States Patent and Trademark Office reviews the patent application to ensure…
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