Category Archives: Uncategorized

Trademark Priority

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 … Continue reading

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Publication of Copyright Works

Publication was the key to obtaining federal copyright under the Copyright Act of 1909. Publication is still important to copyright owners but it is no longer the key. Publication is defined in the Copyright Act of 1976 as “the distribution … Continue reading

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Copyright Piracy and The NET Act of 1997

Although United States copyright laws originally contained no criminal liability provisions, the 1897 revision to the Copyright Act made it a misdemeanor to unlawfully perform dramatic or musical works for profit. In later revisions, additional sections were added for the … Continue reading

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Dilution of Trademarks

It is often necessary for employers to make confidential information, including trade secrets, accessible to their employees. Employers certainly want to protect trade secrets from leaking to competitors, so they often make employees sign confidentiality agreements as a term of … Continue reading

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Filing Requirements for Patents

To obtain a patent, an inventor must file an application in the United States Patent and Trademark Office (USPTO). Inventors may apply for one of two types of patent applications: (1) a non-provisional application, which begins the examination process and … Continue reading

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Have your Patent Rights been violated?

A patent is a property right that the federal government gives to an inventor with respect to an invention. That property right is the right to exclude others from making, using, selling, offering for sale, or importing the patented invention … Continue reading

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Losing the Secrecy of a Trade Secret

A trade secret is proprietary information about a product or business that should be protected and concealed from the general public, so that its concept is not made available for others to use for their own profit. If too much … Continue reading

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Trade Dress: A Product’s Total Image and Overall Appearance

Even though most people associate trademarks with brand names (e.g., “Kodak”), trademarks also include trade dress, service marks, certification marks, and collective marks.  This article will focus on various aspects related to trade dress.   Trade Dress Basics Originally, courts … Continue reading

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Disclosure of Confidential Information by a Former Employee

It has been brought to my attention that there is a large amount of confusion regarding Copyrights and Works for Hire Agreements. Copyright law protects original works of authorship and grants “authors” of such works the exclusive rights of reproduction, distribution, performance … Continue reading

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Foreign Patent Applications and the Patent Cooperation Treaty

After recently providing a presentation to the local bar association on PCT, I thought it might be helpful to provide some informaiton on International Filing in this edition of the IP News. I also must thank Lisa for her help … Continue reading

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