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Real estate website sued by computer giant for patent infringement. IBM v. Zillow
A patent is a set of exclusive rights granted to the inventor of a new invention. To gain a patent in the United States an inventor must file a patent application with the United States Patent and Trademark Office. The patent application must describe the invention in detail and can claim the aspects of the…
Read MoreAre landlords responsible for their tenant’s trademark infringement? LUXOTTICA v. AIRPORT
Trademark law in the United States grants the owner of a trademark the right to exclude others from using a trademark in a way that is likely to cause consumer confusion. Trademark infringement is the unauthorized use of a trademark in a manner that is likely to cause confusion, deception, or mistake about the source of…
Read MoreAre high school yearbook photos of celebrities fair use? DLUGOLECKI v. POPPEL
A creator of a new work of expression is granted a copyright to that work when it is fixed in a tangible medium. This means that when a photographer takes a picture, the photographer is automatically granted a copyright to that photograph. In the United States, a copyright can be registered to strengthen the associated…
Read MoreCooking oil sensor on deep fryer patent upheld. HENNY PENNY v. FRYMASTER
The owner of a patent is granted the exclusive right to make, use, sell and import the invention claimed in the patent. In the United States patents are granted by the United States Patent and Trademark Office. To be granted a patent, an inventor must file a patent application. The patent application will be reviewed…
Read MoreLeBron James attempts to trademark phrase TACO TUESDAY.
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…
Read MoreAnother musician faces copyright infringement suit over a handful of notes.
A copyright is a set of exclusive rights granted to the creator of a new work of expression. When a creator fixes the 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…
Read MoreDoes sovereign immunity expand venue in patent infringement cases? UT v. BOSTON SCIENTIFIC
A patent is a set of exclusive rights granted to the inventor of a new invention. An inventor gains a patent in the United States by filing a patent application with the United States Patent and Trademark Office. The patent application is reviewed and if all the statutory requirements are met, the inventor is granted…
Read MoreWhat happens when two famous people want to trademark their nickname? TOM TERRIFIC
A trademark is a something that a seller of products uses to distinguish its products from the products of competitors. Traditionally a trademark is thought of as a word, phrase or symbol, but anything that serves the purpose of a source identifier can gain trademark protection. The key to gaining a claim to a trademark…
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