The owner of a copyright has several exclusive rights to the copyrighted work, including the exclusive right to prepare derivative works from the original, the right to make or distribute copies, and the right to publish the work. A violation of the copyright owner’s exclusive rights constitutes an infringement entitling the owner to injunctive relief Read more about Copyrighting Architectural Works[…]
Trademark law seeks to proactively prevent consumer confusion, and thus it does not require proof of actual consumer confusion in order for infringement of another company’s trademark to occur. All that is necessary is that the trademark owner prove that a hypothetical, “reasonably prudent” consumer would likely be confused by the use of the same Read more about Trademark Infringement[…]
A trademark is occasionally varied by the public in both speech and written usage to an abbreviation of or a nickname for a company’s name or trademark. A company can claim trademark ownership of such a name even if the company neither created it nor publicized it. This protection coincides with the rationale behind trademark Read more about Disclosure of Confidential Information by a Former Employee[…]
Patent claim interpretation is the process of giving proper meaning to the claim language. Claim language defines claim scope. Therefore, the language of the claim frames and ultimately resolves all issues of claim interpretation. In determining the meaning of disputed claim terms, however, a construing court considers the written description, the drawings, the prosecution history, Read more about Interpreting Patent Claims[…]
A patent is a federal statutory right that allows an inventor to exclude others from making, using, selling, offering for sale, or importing the patented invention without the inventor’s permission for the limited period specified by the patent statute. If a person or other entity makes, uses, sells, offers for sale, or imports the invention Read more about Patents and Patent Defenses[…]