Patenting Useful Inventions Under the Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of
Protecting Generic Names under Trademark Law A generic name is the common descriptive name of the product a trademark identifies. Generic names may not be protected
Musical Works as Copyright Subject Matter The copyright law of the United States provides for copyright protection in “musical works,” including any accompanying words, which are
Infringement for Consumer Confusion Trademark law seeks to proactively prevent consumer confusion; thus it does not require proof of actual consumer confusion in order
Establishing and Perfecting Trademark Rights The legal basis for protecting trademarks derives from a combination of state common law and federal statutory law. Actual use
Liability for Indirect Patent Infringement Patent rights are created by federal law and give an inventor the right to exclude others from making, using, selling,
Online Copyright Infringement Copyright infringement is a growing concern for businesses or individuals with an internet presence. In order to prevent onging infringement,
Trademark Licensing A trademark license is a contractual arrangement whereby a trademark owner permits another to use the owner’s trademark under circumstances
Trademark Dilution 2006 In general, trademark infringement liability occurs when a mark is used in a way to create consumer confusion. This occurs
Remedies for Patent Infringement Under theories of patent infringement, there are no criminal penalties, but civil remedies are available in the United States under