Protecting Trademarks under Common Law

Trademark rights arise in the United States from the actual use of the mark. Thus, if a product is sold

Deciding to Patent Trade Secrets?

In enacting patent laws and providing patent protection to inventors, the U.S. Congress made the decision to encourage the disclosure

In general a complete or non-provisional patent application covering a single invention is filed, reviewed by an examiner and either

The Online Copyright Infringement Liability Limitation Act (OCILLA) provides a safe harbor to online service providers (OSPs) that promptly take

With the advent of a global economy, foreign trademark protection is important. The need to obtain, maintain, and enforce trademark

To be treated as a trademark a mark must have a certain quantity of distinctiveness. A mark that is not

When a patent is applied for, the inventor must include a specification, which is a written description of the invention,

A method of doing business was not traditionally patentable. However, in the latter part of the 20th century, there was

Under the Copyright Act, to perform a copyrighted work means “to recite, render, play, dance, or act it, either directly

There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their