Enforcing Trademark Rights during a Pandemic In an unlikely scenario, 3M has filed a lawsuit against a reseller of N95 surgical masks to enforce its trademark rights during a pandemic. The reseller, a medical supply company selling surgical masks to NY City for use during the pandemic, was price-gouging city officials. 3M brought suit against Read more about Trademark Rights during a Pandemic[…]
Enforcement of Design Patents is expensive. A new law, if passed, will allow inventors to stop infringing products easier and cheaper.
One of the first questions many inventors ask is: What Does a Patent Do, and Why Should I get a patent? What Does a Patent Do? A patent is a grant from the government which provides the receiver of a patent the exclusive right to their invention for a fixed period of time. In exchange, Read more about What Does a Patent Do ?[…]
Copyright music, protects two different types of works. Copyright protects the musical composition (the song) and the sound recording. Depending on your artist agreement, you may have the right to re-record and resale your music.
Trademarking Governmental Symbols Trademark Law protects a business from unlawful competition by preventing consumer confusion. Trademarks can be a word, symbol, phrase, sound, scent, packaging or look and feel used to distinguish a particular manufacturer’s or seller’s products from the products of another. Generally, trademarks make it easier for consumers to identify the source of Read more about Trademarking Images of Uncle Sam[…]
As recently illustrated in the Iron Man 3 Poster Lawsuit, direct evidence of copying is hard to prove in copyright infringement cases. Proof of infringement is often shown by proving: That there is a substantial similarity between the copy and the original; and that the copier had access to the original work.
Trade Secret Protection allows a business to prevent unlawful disclosure or use of its proprietary information including its financial, business, scientific, technical, economic or engineering information methods and processes. Generally, to qualify the information must not be generally known and must be of value to the business.
Acknowledging Use of a Photograph Many people believe they can use someone else’s work as long at they acknowledge that the work belongs to someone else. However, using someone else’s photo is not permissible just because they provide credit to the photographer. If someone has permission to use a photo, then they have permission. If Read more about Acknowledging Use[…]
When is use of a Photograph Fair-Use? Copyright Infringement Generally, use of someone else’s photograph is infringement, it is not Fair-Use. Copyright Infringement occurs when someone uses a photograph without the permission of the photographer. The use can include use on the internet, on a webpage, social media, media, advertisement or marketing use. Copyright Infringement Read more about Photograph Fair-Use[…]