Copyright in Buildings for Architects and Artists

Copyright in Buildings Generally, copyright protects all works of art including those which are related to a building design and to artwork fixed to buildings.  However, because copyrights do not extend to functional works, buildings were not always considered Copyrightable.  Currently, the law protects artwork for and on buildings under both traditional copyright law and Read more about Copyright in Buildings for Architects and Artists[…]

Trademark Protection – Cease and Desist

Sending a Cease and Desist letter is often helpful to notify a company about a potentially unlawful conduct which violates a companies Intellectual Property. In many cases, it can help resolve the problem while avoiding a lawsuit. In America, a lot of successful companies like Apple, Disney, Google and Microsoft invest time and money into Read more about Trademark Protection – Cease and Desist[…]

Plant Patent Provides Monopoly for Holiday Flowers

U.S. Plant Patent Many of us associate the holiday season with Poinsettia Plants. However, few people realize that it was covered by a plant patent for over a hundred years. Like the poinsettia plant, its history, is colorful and interesting. It also provides an example of how valuable a patent can be, namely, Plant Patents. Read more about Plant Patent Provides Monopoly for Holiday Flowers[…]

Free Use Images

The Metropolitan Museum announced access to nearly 400,000 images – for free. The Museum provides these images under an Open Access license for all public-domain works in the Met collection. The Creative Commons Zero (“CC0”) license allows use of the images without restriction. Entrepreneurs, artists, and business owners can now use and share these images Read more about Free Use Images[…]

Intellectual Property: the Types, the Benefits, and How We Can Help

In the modern world, intellectual property protection is becoming ever more important.  We are constantly seeing headlines about billion dollar intellectual property disputes between tech giants like Google, Samsung and Apple.  Most often, these articles jump right into the details that grab our attention and fail to explain what intellectual property is and how something Read more about Intellectual Property: the Types, the Benefits, and How We Can Help[…]

Copyright Infringement Deadline

Copyright Law requires that the filing of a civil lawsuit related to copyrighted work must be “commenced within three years after the claim accrue[s].” See 17 U.S.C. 507(b). Most copyright infringement lawsuits involve actions by a defendant who has copied the plaintiff’s copyrighted work. These are referred to as ordinary copyright infringement cases when the Read more about Copyright Infringement Deadline[…]

Damages in Trademark Litigation

Trademarks are symbols such as logos and brand names used to identify products and services and are frequently a company’s most valuable asset.. In such a suit, recovery for the harm suffered by the unlawful trademark use can be problematic. To help navigate through the complexity of documenting and proving the economic and non-economic damages Read more about Damages in Trademark Litigation[…]

Trademark Priority Rights

In the United States, 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, labeled the senior user, Read more about Trademark Priority Rights[…]

Patent Infringement Litigation

A patent gives the patent owner the right to exclude others from using the invention. If another person or company makes, uses, sells, offers for sale the invention claimed in the patent, that other person or company is said to be infringing on the patent rights of the patent owner. The patent owner in such Read more about Patent Infringement Litigation[…]

Requirements of a Patent

Patent protection is provided through a registration with the United States Patent and Trademark Office (USPTO). Once registered, a patent 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. However, only certain things may be patented, and Read more about Requirements of a Patent[…]