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Patent application on reinforced aerogel rejected as obvious. IN RE: ASPEN AEROGELS
When an inventor creates an invention the inventor can protect their invention with a patent. A patent is a set of exclusive rights granted, by a government, to the inventor of an invention. To get a patent in the United States an inventor must file a patent application with the United States Patent and Trademark…
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Stink over air freshener trademark. CAR-FRESHNER v. AMERICAN COVERS
When a company uses a symbol to distinguish its products from other products in the marketplace, that symbol can be considered a trademark. In the United States using a trademark automatically grants the trademark user some exclusive rights to the trademark. The trademark rights associated with a symbol can be further strengthened by registering the…
Read MoreState common law right of publicity preempted by federal copyright law. JACKSON v. ROBERTS
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 MorePatent on city building mobile game survives review, barely. GREE v. SUPERCELL
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 MoreTrademark dispute between drone maker and drone photographer. HOVERFLY v. HOVERFLY
A trademark is traditionally thought of as a word, phrase or symbol, but anything that a product seller uses to distinguish its products from competitor's products can be granted trademark protection. A trademark can be registered with the United States Patent and Trademark Office to strengthen the rights associated with a trademark, however registration is…
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Science fiction stories featuring tardigrade not substantially similar, no copyright infringement. ABDIN, v. CBS
Copyright is a legal protection granted to the creator of a new work of expression. Painters, sculptors, photographers, musicians, authors are all creative occupations whose works can be protected by copyright. Copyright allows creators to prevent other people from copying their works. Frequently creators are inspired by the works of other creators. Drawing inspiration from…
Read MoreFederal Circuit grants writ of mandamus to transfer case from Texas to California. IN RE APPLE
In the United States the federal rules of civil procedure govern the filing of law suits in federal courts, including lawsuits related to patent infringement. The venue statute, 28 U. S. C. §1400(b), provides that "any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the…
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Corrugated box design found to be functional, trade dress application denied. REELEX PACKAGING
A trademark is traditionally thought of as a word, phrase or symbol that a manufacturer places on their products. However, just about anything that signals to consumers the identity of the company that produced a product can be granted trademark protection. The packaging that contains a product can be registered as trade dress. Trade dress constitutes…
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