Trademarks – Actual versus Intended Use
Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses
Patent Infringement – Doctrine of Equivalents
As previously described, when a patent is applied for, the inventor must include a specification, including the written description of
Patent Applications – Written Description Requirement
One of the most important aspects of the written description is to provide a clear description of the invention for
Copyright Reproduction Rights
The reproduction right is one of the exclusive rights granted to the owner of a copyright by the Copyright Act.
Personal Names, Descriptive Terms, and Generic Words
The weakest and least-protected marks are personal names, descriptive terms, and generic words. Distinctive business names usually receive protection under
Analyzing Patent Claims
Patent claim interpretation is the process of giving proper meaning to the claim language. Claim language defines claim scope. Therefore,
Patent Law: Written Description
One of the most important aspects of the written description is to provide a clear description of ‘for what” patent
Copyright Piracy and The NET Act of 1997
Although United States copyright laws originally contained no criminal liability provisions, the 1897 revision to the Copyright Act made it
Dilution of Trademarks
It is often necessary for employers to make confidential information, including trade secrets, accessible to their employees. Employers certainly want
Using Sound as a Trademark
A trademark is a device which can take almost any form, as long as it is capable of identifying and