Intellectual Property News

November 2005 Newsletter

Assistance with Invention Promotion Companies
The American Inventors Protection Act which was enacted November 29, 1999, and amended by the Intellectual Property and High Technology Technical Amendments Act of 2002; helps protect inventors against deceptive practices of certain invention promotion companies. It requires invention promoters to disclose in writing the number of positive and negative evaluations of inventions they have given over a five-year period and their customers' success in receiving net financial profit and license agreements as a direct result of the invention promotion services. A good way to make sure you are working with a reputable firm is to review the USPTO's web site dedicated to AIPA located at http://www.uspto.gov/web/offices/dcom/olia/aipa. Another way is to ensure that you are working with a registered patent attorney. If you have submitted an idea to an invention promotion company, don't hesitate to contact on of our registered patent attorneys to review your legal rights. More...

What is Patentable?
Patent law specifies the general field of subject matter that may be patented as well as the conditions under which a patent may be obtained. In the language of the applicable statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent." Under law, patents are granted on new inventions of -- or useful improvements on -- things. If you are unsure whether your new or useful improvement qualifies for patent protection, please contact one of our patent attorney's. More...

Trademark Rights without Federal Registration?
Unlike other forms of intellectual property, protection of trademark rights is based upon actual use of the mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. If you believe you were the first to use a mark and would like to consider how to protect and enforce your rights, contact one of our trademark attorneys. More...

Unfair and False Advertising related to Trademarks
Any advertising which is misleading in any material respect is considered false advertising. An advertisement is considered misleading if it fails to disclose facts that are important in light of what is stated in the advertisement or facts that are relevant in the light of the customary use of the product. The Federal Trade Commission (FTC) has the statutory power to cancel trademarks which it finds constitute false advertising. If you have questions related to your trademark and the associated advertising of your business, contact one of our trademark attorney's to review the various legal implications. More...

Protecting Yourself from Cybersquatters
Businesses and other trademark owners seeking ownership of domain names already registered by others initially had a choice of pursuing a trademark infringement action or paying the price sought by the registrant. However, courts hearing trademark infringement cases had difficulty sorting out incidents of actual infringement and legitimate uses of a trademark within a domain name, such as for the purposes of criticizing the trademark owner. As an attempt to establish clear ground rules for the registration of trademark-associated domain names, the Anticybersquatting Consumer Protection Act (ACPA), was promulgated in 1999. Registrant's of domains by people with no connection to the businesses or trademarks associated with those names with the sole desire to offer the domain names for sale to the businesses with which the domain names is connected is referred to as "cybersquatting." If you believe you are the victim of a cybersquatter, please contact on of our attorneys to review you legal options. More...

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