Copyright Formalities

Based upon recent changes in the law, copyright protection in the United States is automatic. When the original work of authorship is fixed in a tangible form of expression the rights associated with copyright generally vest in the artist. The notice and the registration of a work are formalities, which may be required before obtaining Read more about Copyright Formalities[…]

Understanding Service Marks

Service marks, like trademarks, are used to protect a brand used in interstate commerce. However, service marks are used in connection with a service, while trademarks are used in connection with a good. This service is performed by one entity for the benefit of another. In otherwords, a service mark is the same as a Read more about Understanding Service Marks[…]

Trademark Law and Likelihood of Confusion

The purpose of trademark law is to prevent confusion in the minds of the consuming public as to the source of a particular good or service. An owner of a mark spends considerable money and effort marketing its mark and the goods and/or services that are identified by that mark. One reason for the investment Read more about Trademark Law and Likelihood of Confusion[…]

Jurisdiction and Procedure in Patent Disputes

A patent gives the patent owner the right to exclude others from the subject matter of the patent. If another person or company makes, uses, sells, offers for sale, or imports the subject matter of the patent, they are said to infringe the patent. If this occurs, the patent owner may elect to stop the Read more about Jurisdiction and Procedure in Patent Disputes[…]

101 Series – What is Intellectual Property?

Intellectual Property Even small children understand that “property” is something that can be “owned,” and that an owner has certain rights regarding that property. Adults understand that ownership of property provides legal rights that can be enforced in a court of law, if necessary. Intellectual property is merely a special class of property that differs Read more about 101 Series – What is Intellectual Property?[…]