Copyright Joint Authorship and Ownership

According to the Copyright Act, the authors of a joint work jointly own the copyright in the work they create. A joint work is defined in the Copyright Act as “a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” Read more about Copyright Joint Authorship and Ownership[…]

Trade Dress Protections

Trade dress is governed by the same set of laws that protect unregistered trademarks. While traditional trademark law protects words or logos, trade dress law protects the total packaging and design of a product. Because trade dress often serves the same function as a trademark or service mark — the identification of goods and services Read more about Trade Dress Protections[…]

Trademark Rights of 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 Rights of Priority[…]

Foreign Patent Offices

The issuance of a patent by the United States Patent and Trademark Office provides patent protection to an inventor only within the United States. Because each country has its own patent laws, neither other countries do not provide patent protection to a U.S. patentee, nor does the United States provide patent protection to a foreign Read more about Foreign Patent Offices[…]

Relitigation of Patent Claims

In a patent case, under collateral estoppel, once a court has ruled upon an issue of fact or law, that ruling may preclude relitigation of the same issue or fact in a different suit involving the same parties. Once a patent has been declared invalid, a collateral estoppel barrier is created against further litigation involving Read more about Relitigation of Patent Claims[…]