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Final Rules for the Trademark Modernization Act Take Effect December 18, 2021
The final rules for the Trademark Modernization Act (“TMA”) go into effect this week on December 18, 2021. There are several key additions and changes to the law that all IP owners should take into consideration.
New nonuse proceedings
The TMA adds two new procedures that can be used to…
A New Venue for Enforcing Copyright
Presently, a copyright holder may only bring suit in United States District Court. However, for independent creators such as independent authors, photographers, artists, and musicians, the high cost and lengthy process associated with federal litigation make enforcing copyrights cost prohibitive. According to an American Intellectual Property Law Association report, the…
Does Making or Sharing a Meme Constitute Copyright Infringement?
In short, it can.
Under 17 USC § 102 (a), “[c]opyright protection subsists…in original works of authorship fixed in any tangible medium of expression”. This, of course, includes photographs. When a person creates a meme, they generally alter the underlying image or photograph in some respect. A popular example is…
What Is a Trademark?
A trademark is any word, symbol, phrase, design, or a combination that identifies a good or service. A trademark can also be a sound (think of the NBC® chimes), a color (the blue box for Tiffany® jewelry), a smell
(Play-Doh®), or any other…
What Is Patentable Subject Matter?
The § 101 Rule:
Process Machine Manufacture (manufactured product) Composition of matter Any new and useful improvement (of anything on this list)What Is NOT Patentable Subject Matter?
Abstract ideas (e.g., mathematical concepts, methods of organizing human activity, mental processes) Laws of nature Natural phenomenonWhat does that mean? If…
I Have an Idea! Now What?
Your idea may be protectable with securing your Intellectual Property. Here are some good rules of thumb to follow.
DO NOT TELL PEOPLE ABOUT IT – Depending on the way your idea can be protected, you will want to keep it confidential and be sure to only discuss it internally or…
What Is Intellectual Property?
Intellectual property includes patents, trademarks, copyrights, and trade secrets.
PATENTS – Protect new and non-obvious innovation, including how something is used, made, the structure, and function. Design patents protect how an invention looks.
Examples: mechanical inventions, electrical innovations, equipment, processes, software, and other improvements
TRADEMARKS – Used to identify a single source…
Non-Fungible Tokens (NFTs)
WHAT IS THIS STUFF: NFTs are being mentioned all over the news, mostly because the market value for them has tripled in the past year. In short, an NFT is a unique digital asset that offers a blockchain-created certificate of authenticity to make it unique. NFTs and cryptocurrencies (e.g., Bitcoin) have…
Patent Time Bars
WHAT IT MEANS: A public disclosure or offer for sale of an invention may prevent you from getting a patent for that invention.
WHAT IS A PUBLIC DISCLOSURE: A disclosure of the invention (outside of your company) in any form, which is not covered by a good non-disclosure agreement (NDA).…