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Certification mark blocks trademark from being registered. IN RE ST. JULIAN WINE
Most consumers are familiar with the concept of trademarks. A trademark is something that manufacturers use to distinguish their products from a competitor's products. Generally, consumers are not aware of the trademark's close relative, the certification mark. Certification marks can be registered just like trademarks and play an important roll in protecting consumers from inferior…
Read MoreLitigation over who owns a makeup design preempted by copyright law. MOURABIT v. KLEIN
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 MoreIndefinite claims can render a patent invalid. PACIFIC COAST v. CERTAINTEED
A patent is a set of exclusive rights granted to an inventor for an invention. The public policy for granting patents is to encourage the sharing of knowledge. Inventors that apply for, and are granted a patent, are rewarded for sharing their knowledge with the public. Inventors are rewarded with a monopoly on the invention…
Read MoreIf consumers do not consider a word generic, it is not generic. USPTO v. BOOKING.COM
A trademark is a word, phrase, symbol, or design that distinguishes products from one company from products of another company. Trademark law generally allows the owner of a trademark to exclude others from using a trademark that may lead to consumer confusion about the seller of a product. If someone other than the owner of…
Read MoreIs republishing building codes copyright infringement? ICC v. UPCODES
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 based on the original. If someone other than the copyright owner attempts to exercise one of these exclusive rights that…
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Patent for airline seat that reclines found obvious. B/E AEROSPACE v. C&D ZODIAC
A patent is a government granted monopoly on an invention for a limited period of time, issued to the inventor of an invention. An inventor can apply for a patent in the United States by filing a patent application with the United States Patent and Trademark Office. For the patent application to be granted by…
Read MoreSushi restaurant claims trademark right to call itself the “Original hand roll bar”. NOZAWA v. HRB
To state a claim for trademark infringement a plaintiff must allege that: (1) Plaintiff has a protectable right in the asserted trademarks; and (2) Defendant's use of the mark is likely to cause consumer confusion. A plaintiff can allege that its mark is protectable in several ways. First, it can allege that the mark is…
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Car manufacturer sued for using Instagram photos in ads. SCHROEDER v. VOLVO
A copyright is a set of exclusive rights granted to the creator of a new work of expression. When a creator fixes a work in a tangible medium they are automatically granted a copyright to the work. The creator can strengthen the rights associated with the copyright in the United States by registering the work…
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