Intellectual Property News

September 2008 Newsletter

Requirements for Applying for a Patent
Article I, § 8 of the United States Constitution authorizes Congress to "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Congress has created two sets of laws to implement the object of this provision: copyright laws protect original works of authorship and patent laws protect original inventions. These laws allow creators of intellectual property such as inventions and works of authorship to protect their rights to property that is not susceptible of being secured under lock and key, particularly when such creations often have little utility until they are sold or distributed or used to make products that may be sold or distributed. If you have an invention and would like to determine if is patentable, call or email to schedule a meeting with one of our patent attorneys. More...

Unenforceable Patents
A patent is a right granted under federal law that allows the patent owner to exclude others from making, using, selling, offering for sale, or importing the subject matter of the patent without the inventor's permission for a fixed term--14 years for a plant patent; 20 years for other types of patents from the time of filing the patent application. Any activity involving the patented invention that violates that right is said to infringe the patent, for which the patent owner may bring a lawsuit to collect monetary damages and to stop the infringing activity. There are several defenses to patent infringement. One defense is the Doctrine of Intervening Rights. Another defense, which will completely insulate an alleged infringer from liability, is patent misuse. If you feel you have rights that are being infringed, you should consider scheduling a meeting with one of our patent attorneys. More...

Using Sound as a Trademark
A trademark is a device which can take almost any form, as long as it is capable of identifying and distinguishing specific goods or services. A trademark may be a word, name, symbol, or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A sound may be a trademark or a service mark that consists of sounds, rather than visual images or words. The sound functions as a source identifier for goods and/or services in commerce. Sound marks may even be superior to word marks among certain audiences, since the mark is perceived aurally rather than visually. New technology is providing increased opportunities for trademark owners to use sound marks. To help determine if a Mark is available for protection or to help register your Mark, please contact one of our Trademark Attorneys. More...

Improper Dilution of Trademarks
A trademark is infringed when the mark or a similar mark is used in a way that is likely to confuse the public into believing that the trademark owner is the source or sponsor of products that it does not actually make or endorse. Trademark anti-dilution laws are intended to enable trademark owners to prevent the gradual weakening or whittling away of the strength of their marks, through blurring or tarnishment, even if the public is not likely to be confused. Until 1996, trademark dilution laws consisted of a patchwork of non-uniform state statutes and common law. In early 1996, Congress enacted the Federal Trademark Dilution Act (FTDA) to provide nationwide injunctive relief for diluting uses of nationally famous trademarks. If you have questions about this or any other aspect of trademark protection, contact one of our trademark attorneys for more information. More...

Copyright Piracy and The NET Act of 1997
Although United States copyright laws originally contained no criminal liability provisions, the 1897 revision to the Copyright Act made it a misdemeanor to unlawfully perform dramatic or musical works for profit. In later revisions of the Copyright Act, similar sections were added for the infringement of other types of copyrightable works. Although leaving unchanged the one-year imprisonment penalty established in 1897, the Copyright Act of 1976 increased the monetary penalty for copyright infringement from $1,000 to $10,000. Infringement of musical recording and motion pictures was subject to a penalty of $25,000, and repeat offenders could be fined $50,000. More...

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