Copyrighting Ideas and Facts

Copyright law protects the tangible expression of ideas and facts, not the ideas and facts themselves. Copyright protects only fixed, original and creative expression, not the underlying ideas or facts upon which the expression is based. Works that have not been fixed are just ideas and ideas are fair game for everyone to express in Read more about Copyrighting Ideas and Facts[…]

Trademark Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Priority[…]

Trademark Law

The “(r)” may be used if a trademark is registered with the United States Patent and Trademark Office (USPTO). The “TM” symbol may be used for a product that is not yet registered with the USPTO. The “SM” symbol may be used with a service that is not yet registered with the USPTO. Symbols that Read more about Trademark Law[…]

Design Patents

Under United States patent law, there are three different types of patents issued by the United States Patent and Trademark Office (USPTO). The first and most commonly known patent is the Utility Patent. Utility Patents apply to functional inventions like machines, apparatuses processes, or compositions of matter, and correspond to the common understanding of patentable Read more about Design Patents[…]

Patent Infringement

In order to encourage the advancement of science and technology, the federal government gives an incentive to inventors to disclose new ideas that have been embodied in inventions by granting a patent, a temporary right to exclude others from making, using, selling, offering to sell, or importing the patented invention without the inventor’s permission. Activity Read more about Patent Infringement[…]