Category Archives: Attorneys

Plant Patent Provides Monopoly for Holiday Flowers

U.S. Plant Patent Many of us associate the holiday season with Poinsettia Plants.  However, few people realize that it was covered by a plant patent for over a hundred years.  Like the poinsettia plant, its history, is colorful and interesting.  … Continue reading

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The MET Announces Access to Free Images

The Metropolitan Museum announced access to nearly 400,000 images – for free. The Museum provides these images under an Open Access license for all public-domain works in the Met collection. The Creative Commons Zero (“CC0”) license allows use of the … Continue reading

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Intellectual Property: the Types, the Benefits, and How We Can Help

In the modern world, intellectual property protection is becoming ever more important.  We are constantly seeing headlines about billion dollar intellectual property disputes between tech giants like Google, Samsung and Apple.  Most often, these articles jump right into the details … Continue reading

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Copyright Infringement Deadline

Copyright Law requires that the filing of a civil lawsuit related to copyrighted work must be “commenced within three years after the claim accrue[s].” See 17 U.S.C. 507(b). Most copyright infringement lawsuits involve actions by a defendant who has copied … Continue reading

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Best Edition and Copyright Law

Under copyright law, copies or phonorecords deposited in the Copyright Office must be the “best edition” of the work. The best edition of the work is the edition that the Library of Congress determines is the most suitable for its … Continue reading

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Damages in Trademark Litigation

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. … Continue reading

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Trademark Priority Rights

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 … Continue reading

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Patent Infringement Litigation

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 … Continue reading

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Requirements of a Patent

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 … Continue reading

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Protecting Trade Secrets

The Economic Espionage Act of 1996 (EEA) provided a broader definition of what constitutes a “trade secret” and what constitutes trade secret theft, effectively replacing the 1948 Trade Secrets Act, which was limited to prosecution of federal employees. The EEA … Continue reading

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