fbpx

Performance Rights under the Copyright Laws

Under the Copyright Act, to perform a copyrighted work means “to recite, render, play, dance, or act it, either directly or by means of any device or process.” “Performing” a motion picture or other audiovisual work means “to show its images in any sequence or to make the sounds accompanying it audible.” The Copyright Act Read more about Performance Rights under the Copyright Laws[…]

Using Experts in Trademark Infringement Suits

There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert’s methods are not based on sufficient facts or data, are not reliable, or are not applied Read more about Using Experts in Trademark Infringement Suits[…]

Business Method Patents

The federal patent statute allows an inventor to obtain a patent for a “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” There is no provision in the patent statute for business methods, and the United States Patent and Trademark Office for decades explicitly rejected business-method patent Read more about Business Method Patents[…]

Patenting an Invention

A patent gives an inventor a right to exclude others from making, using, or selling the patented invention for a certain period of time. Patents are a form of property right that is granted by federal patent law, which is administered by the United States Patent and Trademark Office USPTO. The main objective of patent Read more about Patenting an Invention[…]