Protecting Trade Secrets

The Economic Espionage Act of 1996 (EEA) provided a broader definition of what constitutes a “trade secret” and what constitutes trade secret theft, effectively replacing the 1948 Trade Secrets Act, which was limited to prosecution of federal employees. The EEA also was passed so as to serve as a universal trade secret theft act, overriding Read more about Protecting Trade Secrets[…]

Trademarking Internet Domain Names

Copyright law does not protect domain names, but Trademark law may. Generally, the United States Patent and Trademark Office (USPTO) has tried to apply traditional trademark law to the examination of domain name service mark applications. A domain name qualifies as a mark when it is used in connection with the sale or advertising of Read more about Trademarking Internet Domain Names[…]

Fair Use under Trademark Law

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 Fair Use under Trademark Law[…]

Maintaining the Term of a Patent

Utility patents apply to inventions and processes and are distinguished from design and plant patents. Under current patent law, the term of a new utility patent is 20 years, during which the patent holder has the right to exclude others from using, making, selling or distributing the invention or process. However, for utility patents based Read more about Maintaining the Term of a Patent[…]

Understanding Patent Law

Patent protection 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 making, using, selling, distributing or importing the subject of the patent for a certain period of time. Only certain things may be patented, and there are several requirements Read more about Understanding Patent Law[…]

February 2010

Understanding Patent Law Patent protection 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 making, using, selling, distributing or importing the subject of the patent for a certain period of time. Only certain things may be patented, and there Read more about February 2010[…]