theIPCenter

Advancing the Power of Imagination®

Flickr Photo Not Fair Use Images

In today’s online world, photographers often promote their work on the internet, using website and social media pages to help generate publicity and interest in their photographs.  Some of these websites show amazing photographs which demonstrate the talent of the photographer.  However, because these websites are on the internet, potential customers simply copy the images Read more about Flickr Photo Not Fair Use Images[…]

Potato Dispute over Plant Patent in India

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[…]

Trade Dress Protection

101 Series – Trademark Licensing and Franchising

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[…]

Caution – Cease and Desist Letter

As the owner of intellectual property (a patent, copyright or trademark), you have invested significant time, energy and resources into protecting your patent, copyright or trademark.  What do you do if you find someone is violating your patent rights, for example?  Do you file a lawsuit immediately?  Do you contact the police?  Do you contact Read more about Caution – Cease and Desist Letter[…]

Registering a Trademark used in Commerce

Registering a Trademark Trademarks are protected under state, federal and common law based on proof of actual use of the particular word, phrase, style, design, color, smell or sound.  Registration provides several important benefits, including the ability to obtain monetary damages and certain presumptions after a period of time on the principal registry. Federal registration Read more about Registering a Trademark used in Commerce[…]

How to Patent an Idea (4 steps)

How to Patent an Idea Making money off of your million dollar idea, can be rewarding, but it is not easy. Often times, to become successful, an inventor must build a business around their new product idea, or they must sell their idea to another company. Making millions of dollars off your first idea takes Read more about How to Patent an Idea (4 steps)[…]

Buying or Selling Counterfeit Merchandise

Counterfeit Merchandise The sale of counterfeit goods is skyrocketing in the U.S. and around the world.  Every day someone sells a knock-off product on eBay losing billions of dollars in potential sales from legitimate brand owners and also eroding their intellectual property rights.  Globally, the economic impact of counterfeiting and piracy are projected to reach Read more about Buying or Selling Counterfeit Merchandise[…]

Copyright Cartoon Images

CARTOON CHARACTERS Cartoon characters are everywhere these days. In movies, video games, television, software, toys, blankets, food, beverages and clothing just to mention a few. Many of these are based on a fictional character which was originally created as part of a graphic work like a comic book. From a value perspective, these characters are Read more about Copyright Cartoon Images[…]

Copyright Registration Required

U.S. Supreme Court The Supreme Court of the United States ruled that Copyright Registrations are required prior to filing a Copyright Infringement lawsuit in Fourth Estate Public Benefit Corp. v. Wall-street.com, LLC, No. 17-571, 586 U.S. ___ (March 4, 2019). This settles the division between the circuits in which some courts allowed an infringement action Read more about Copyright Registration Required[…]

Dangers of Making Money From an Invention

So you have a great idea. An idea which will change the world.  Your idea makes the world a better place, improve everyone’s way of life while being profitable.  You create a prototype and prove it works.  The numbers show that your invention will make millions while costing very little.  A large company, one of Read more about Dangers of Making Money From an Invention[…]