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Trade Secrets vs. Patents – A Brief Comparison
In the United States, both trade secrets and patents can provide valuable protection for a client’s intellectual property. The cost and scope of protection associated with patents, however, can differ significantly compared to those of trade secrets. For these reasons, clients are often required to decide between protecting their intellectual…
What Are Design Patents?
A U.S. design patent protects the visual and ornamental appearance of an article of manufacture.
In simple terms, a design patent protects the way an article looks. It cannot be granted to protect primarily functional elements of an article. Instead, a utility patent is used to protect an article’s functional…
Trademark Specimen Dos and Don’ts
A trademark indicates the source or origin of a good or service. A trademark owner is required to submit proof of use in commerce through a specimen, which is a sample of a trademark’s use in real life: a photo of packaging or labels or a screenshot of a website…
NCAA Athletes and Name, Image, and Likeness (NIL)
The right of publicity is an intellectual property right that protects an individual’s name, likeness, or other indicia of personal identity from being misappropriated by another for commercial benefit. For example, it protects individuals’ names, pseudonyms, voices, signatures, likenesses, and photographs. There is no federal right of publicity law, so…
Patent Life Cycle
Understanding the life cycle of a patent from inception to expiration/abandonment is an important aspect of Intellectual Property that can be useful in maximizing your protection. Below is a brief summary of the stages involving U.S. utility patents.
When a patent application/concept is vetted and drafted for filing with the…
New Year, New IP?!
The start of the year is a great time to reflect on your Intellectual Property (IP). Below are some simple tips to make sure you are evaluating and acting on your IP needs.
New products/projects– Being aware of new projects or products and identifying whether an IP protection plan is…
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…