Copyright and Fair Use

The United States Copyright law represents a bargain between creators and the public. Congress granted certain exclusive rights to creators and authors for a limited time period; in exchange, the public receives an increase in creative works and expressive ideas that benefit society as a whole. As part of the bargain, U.S. copyright law recognizes Read more about Copyright and Fair Use[…]

Patents with Distinctive Claims

When filing a patent, a patent application must include one or more claims which particularly point out and distinctly claim the subject matter which the applicant regards as his or her invention. Patent claims serve two functions. First, they define the invention for the purpose of applying the conditions of patentability, the statutory bars, and Read more about Patents with Distinctive Claims[…]

Protecting Trade Names

Contrary to popular myth, a registered trade name is NOT a registered trademark. This is often an area of confusion among new businesses. Registration of a trade name with the Secretary of State does not mean that the trade name will not infring another’s trademark. The term ”trade name” generally means any name used by Read more about Protecting Trade Names[…]

Protecting Slogans

No Copyright Protection for Slogans The United States Copyright office regulations do not allow for copyright registration of “short phrases” and “slogans.” This area of protection is left to the trademark laws. Trademark Protection The United States Patent and Trademark Office (USPTO) has strict regulations regarding whether a slogan can become a registered mark. It Read more about Protecting Slogans[…]