The copyright law of the United States provides for copyright protection in “musical works,” including any accompanying words, which are fixed in a tangible medium of expression. With music, both the lyrics and the musical composition itself are copyrightable expressions. Musical works include both original compositions and original arrangements or improvements to earlier works. In Read more about Musical Works as Copyright Subject Matter[…]
Trademark law seeks to proactively prevent consumer confusion; thus it does not require proof of actual consumer confusion in order for infringement to occur. All that is necessary is that the trademark owner proves that a hypothetical, “reasonably prudent” consumer would likely be confused by the use of the same or a similar trademark on Read more about Infringement for Consumer Confusion[…]
The legal basis for protecting trademarks derives from a combination of state common law and federal statutory law. Actual use of most kinds of trademarks establishes protectable trademark rights under common law. However, if the use is made in interstate commerce, the user may apply for federal trademark registration in the United States Patent and Read more about Establishing and Perfecting Trademark Rights[…]
Patent rights are created by federal law and give an inventor the right to exclude others from making, using, selling, offering for sale, or importing a patented invention without the inventor’s permission. Violating these rights by making, using, selling, offering for sale, or importing the patented invention without the inventor’s permission is said to directly Read more about Liability for Indirect Patent Infringement[…]
When filing a patent, it is important to remember that if the patent is not filed timely, the inventor will forever forfeit their patent rights. Patent protection in the U.S. is provided by federal law through the United States Patent and Trademark Office (USPTO) and gives a patent owner the right to exclude others from Read more about Timely Filing of a Patent[…]