Category Archives: Intellectual Property

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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Stolen Photos Costs Company

Capturing just the right photograph, often is the result of countless hours of time, effort, attention, planning and preparation.  While capturing the photograph can represent countless hours, stealing the photograph off the internet takes only seconds.  In today’s digital world, … 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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Patent Infringement

How to Stop Patent Infringement Patent Infringement refers to someone who uses, makes or sells your patented invention without permission. Typically, a patent gives the patent owner the right to obtain a license from anyone who makes, uses or sells … Continue reading

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How to Copyright Music

We meet with many artists who ask how to copyright music.  To many people, music can mean many things. Music may refer to the lyrics, music videos, the music recorded by a sound recording, the musical composition and arrangement, or it … Continue reading

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Using copyright litigation to stop copyright infringement being stolen

One photographer, Carol Highsmith, is suing Getty Images for more than $1 billion for allegedly selling her copyrighted work to the public without permission and with incorrect attribution.  In her lawsuit, Highsmith, states that she first learned Getty was selling … Continue reading

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When a Takedown is used Wrongly

The Ninth Circuit has ruled that prior to seeking a Takedown under the DMCA, copyright holders must perform a fair-use evaluation of the alleged infringement. Failure to do so, may expose the copyright owner to damages for wrongfully seeking a … Continue reading

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In the name of Santa Claus

It seems like Christmas is getting earlier and earlier, with Santa holiday advertisements appearing even before Halloween or Thanksgiving.  With Santa appearing so often and so long, overpowering almost every other holiday, one has to wonder who owns Santa.  I … Continue reading

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What Exactly is Trade Dress?

Trade dress is a legal term which generally refers to the type of protection which extends towards the way something looks and feels.  Like other areas of trademark law, trade dress law protects against consumer confusion.  Trade dress protection extends … Continue reading

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Are Your Computer Programs Patentable?

Patenting Computer Inventions in view of the recent Supreme Court Ruling Computer code is not mentioned as being patentable under the 35 U.S.C. 101.  However, mathematical algorithms have been excluded from patent protection and computer code was historically believed to … Continue reading

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