Patent Priority Filing a patent is required to not only obtain priority over later inventors but also to prevent patent rights from being lost as a result of the Patent On Sale Bar Doctrine. Patent rights are based on priority. Generally, patent rights go to the first inventor. However, as a result of the American Read more about File Patent Applications Quickly to avoid On Sale Bar[…]
Nike just settled its two-week old trademark battle against “Satan Shoes” seller MSCHF Product Studio Inc. MSCHF is a Brooklyn-based collective of artists and designers which creates artwork in novel and unique ways. For example, one of their projects included selling a virus infected laptop for $1.35 million, selling a dog collar which cursed when Read more about Satan Lost his Shoes in the Latest Trademark Battle[…]
COVID Relief includes Copyright provisions Last night, as part of the latest round of COVID relief, Congress enacted new intellectual property regulations within the proposed legislation. There are almost 100 pages of new intellectual property regulations within the COVID-19 appropriations bill. The new legislation has not yet been signed by the President. Based on the Read more about In surprise move, Copyright Office can decide Copyright Infringement Cases[…]
There are typically only three ways to prove consumer confusion and Consumer Surveys are typically the most helpful.
On May 13th, the U.S. Supreme Court, agreed that consumers could participate in Apple Class Action lawsuits based on claims that Apple monopolized the after-market in its sales of iPhone Apps. Apple apparently charges App developers a 30% fee for selling apps through the Appstore. This increased fee caused a higher fee for sellers who Read more about Green Light on Apple Class Action Suits[…]
One of my favorite quotes goes something like this, “always be yourself, unless you can be Batman, then be Batman.” Well, when it comes to copyrighting weeds, I would rather be Batman. Copyright Lawsuit In a recent Copyright Case, an artist sued the Batman actor, Val Kilmer, for stealing his golden weeds. Specifically, tumbleweeds. The Read more about Who wins, Batman or Copyright?[…]
Copyright Registration Since 1978, registering a work of art for copyright protection is no longer required. While a registration is not required, a copyright registration does provide enhanced rights, including the right to collect monetary damages. Under federal law, a timely registered copyright allows the author of the work to collect damages which are provided Read more about 101 Series – How to Prepare a Copyright Application[…]
Rights under Copyright Law A copyright owner automatically receives a number of different rights when they create a copyright work. Those rights include the right of reproduction, public display, distribution and the right to prepare derivative works. For some types of work, this also includes the right of public performance. However, when an owner sells Read more about Exhaustion of Copyrights based on Sale[…]
Plant Patent Protection Pepsi has sued four farmers in India for growing potatoes which are protected in India under the Protection of Plant Variety and Farmers Right Act (PPV). The PPV was enacted in 2001 and was supposed to be pro farmer. Under the PPV, registration of a plant variety provides exclusivity to produce, sell, Read more about Potato Dispute over Plant Patent in India[…]
As part of running a business, business owners occasionally need to license their trademarks. Because trademark licenses typically require that the brand owner control use of their trademarks, the agreements require control over the mark. However, if done wrongly, a trademark license can accidentally create a franchise. In some cases a business owner wants to Read more about 101 Series – Trademark Licensing and Franchising[…]