Copyright Infringement and Plagiarism

A copyright holder has the exclusive rights to reproduce, display, transmit, perform, and modify a work as well as the right to publicly perform a sound recording by digital transmission. There are exemptions in the Copyright Act that provide for certain exceptions to those exclusive rights, many in favor of limited nonprofit educational purposes. If Read more about Copyright Infringement and Plagiarism[…]

Trademark Fair Use

A registered mark does not prevent all use of the mark.  In some situations, another party may use someone else’s trademark to describe the qualities that the trademark represents rather than to use is as a source identifier.   For example, use of a descriptive phrase or common name may be fair use. Fair use of Read more about Trademark Fair Use[…]

Actual and Intended Use of Trademarks

Trademark rights are legal rights acquired based upon actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods Read more about Actual and Intended Use of Trademarks[…]

Marking Patents

Recent markings enforcement activities have raised some questions related to the requirements of patent marking provisions. Generally, after a patent is issued by the United States Patent and Trademark Office, the patent owner may mark the patented articles with the word “Patent” or the abbreviation “Pat.” along with the patent number assigned by the USPTO. Read more about Marking Patents[…]

Patents

Under federal law, a patent is a granted right which allows the patent owner to exclude others from making, using, selling, offering for sale, or importing the subject matter of the patent without the inventor’s permission for a period of 20 years from the time of the patent application. An activity in violation of that Read more about Patents[…]