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Copying architectural plans for use as advertising material probably not fair use. RANIERI v. ADG
A copyright is a set of exclusive rights granted to the creator of a new work of expression. When an author, artist, musician or one of many other creative professionals creates a new work they are automatically granted a copyright to their work. A copyright can be registered in the United States to strengthen the…
Read MorePetitioner has the burden of proof to show obviousness in an Inter Partes Review. GARMIN v. LOGANTREE
After a patent is granted it is not immune from attack. Inter partes review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the…
Read MoreTrademark registration refused because Slogan failed to act as a source identifier. IN RE DOUGLAS ELLIMAN REALTY
A trademark is something that the producer of a product brands products with to distinguish its products from competitor's products in the marketplace. In the United States using a trademark to brand products is the event that creates a claim to a trademark. The rights associated with a trademark can be further strengthened by registering…
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Pet clothing seller sued for infringing on wrapping paper copyright. RIFLE PAPER v. PETCO
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 is granted the exclusive right to copy distribute and sell the copyrighted work, among other things. If someone other than…
Read MorePatent to dampen vibrations partially invalidated because it claims a natural phenomena. AAM v. NEAPCO
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 the United States Patent and Trademark Office. The patent application is reviewed by a patent examiner at the United States Patent…
Read MoreSIKSILK refused trademark registration because clothing contained no silk. In re Monkey IP Limited
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 the trademark holder. Protection for a trademark begins merely by using a trademark in commerce. A trademark can be registered in the…
Read MoreIs copying the style of an artist in an illustrated biography copyright infringement? CASTLE v. SCHOLASTIC
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…
Read MoreCan Inter Partes Review be refused because a patent is part of a lawsuit? BIG TECH v. IANCU
The Leahy–Smith America Invents Act ("AIA") is a United States federal statute that was signed into law on September 16, 2011. The America Invents Act introduced several new quasi-adjudicatory proceedings before the United States Patent and Trademark Office for determining the patentability of issued patent claims. These proceedings include inter partes review ("IPR"), post-grant review…
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