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What is analogous art in United State patent law? AIRBUS v. FIREPASS
To get a patent on an invention in the United States, an inventor must file a patent application with the United States Patent and Trademark Office. For the patent application to be granted, the invention must meet all of the requirements of Untied States patent law. The United States Patent and Trademark Office with review…
Read MoreZealously defend your trademark with care. BACKCOUNTRY
A trademark is something that a producer of products uses to brand the product is sells in the market place. Traditionally a trademark is thought of as a symbol, word or phrase that is used to distinguish similar products from one another. The association that consumers make between a trademark and the source of a…
Read MorePossible new path for combating copyright infringement. CASE Act
A copyright grants its owner the exclusive right to reproduce, distribute, display, perform, transmit and make derivative copies based on the original copyrighted work. If someone other than the copyright owner attempts to exercise one of these exclusive rights that can be considered copyright infringement. A copyright owner can file a lawsuit to recover damages…
Read MoreEverything you say in the patent application can come back to bite you. WILSON v. MARTIN
A patent is a set of exclusive rights granted to the inventor of a new invention. The steps that an inventor follows to gain a patent is referred to as patent prosecution. Patent prosecution is a cooperative, interactive process in which the patent applicant and the applicant’s attorney work with the staff and the United…
Read MoreGovernment contractor loses trademark dispute against cloud storage provider. IRONHAWK v. DROPBOX
A trademark is something that the producer of a product uses to distinguish its products from competitors' products. The association that consumers make between a trademark and a desirable product is the primary value of a trademark. Trademarks that are more distinctive are easier for consumers to identify. Trademark distinctiveness ranges from arbitrary or fanciful,…
Read MoreIs a social media post embedded in a news story copyright infringement? BARBERA v. CBS
Copyright law is intended to reward creative people for their hard work. Copyright law in the United States protects original works of authorship fixed in a tangible medium of expression. The term author includes creative people like painters, musicians and photographers. Original works are artistic creations like paintings, music and photographs. United States copyright law…
Read MoreRecapturing subject matter surrendered from patent claim not allowed. IN RE: GENERAL ELECTRIC
A patent is a set of exclusive rights granted to the inventor of a new invention. A patent is not automatically granted to an inventor. 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 USPTO will assign an examining…
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Apparel manufacturers joust over trademark. UNDER ARMOUR v. AGEAS
Trademark law is intended to protect consumers from being tricked into buying inferior quality goods. A trademark is something that a manufacturer uses to brand its products. Traditionally a trademark is considered a word phrase or symbol, but anything that signals to consumers the identity of the product manufacturer can be eligible for trademark protection. …
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