It was announced that the company suing thousands of BitTorrent movie downloaders under a profit making litigation scheme has dismissed thousands of alleged downloaders from suit, including those who downloaded The Hurt Locker. The makers of The Hurt Locker have now announced a cease-fire in the BitTorrent cases, together with the alleged sharers of Call Read more about Movie file-sharing suit dropped[…]
While Charlie Sheen has been in the media recently for other reasons, did you know that beneath the media superstar lies the heart of a true inventor. He is an inventor on a patented Chapstick dispenser.
The White House released a white paper recommending increasing the penalties for intellectual property crimes. The recommendations involve increasing rights and penalties “so as to more effectively address the substantial harm caused by intellectual property crimes.” Recommended changes include: Increase prison term for counterfeit drug distributors; Increase prison terms for theft of trade secrets; Increase Read more about White House Recommends increasing the Criminal Penalties for Intellectual Property[…]
In trademark infringement cases, it is sometimes helpful to have someone testify about likelihood of confusion. Typically, courts allow a witness with personal knowledge to testify about what they saw or heard. However, some witnesses don’t have personal experience about the facts in a case but they may have specialized information which may be helpful Read more about Trademark Infringement Litigation using Experts[…]
Trademark Use in Commerce In the United States, subject to one exception, 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 Read more about 101 Series – Trademark Priority[…]
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[…]
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[…]
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[…]
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[…]
Copyright registration allows for recording of a creative work by depositing the work with the copyright office. By depositing the work, the artist preserves the work for future generations as part of our Public Domain. In exchange for depositing the work, the copyright office issues a registration certificate. Under copyright law, copies or phonorecords deposited Read more about Best Edition and Copyright Law[…]