Intellectual Property News

August 2008 Newsletter

What is Intellectual Property?
Even small children understand that "property" is something that can be "owned," and that an owner has certain rights regarding that property. Adults understand that ownership of property provides legal rights that can be enforced in a court of law, if necessary. Intellectual property is merely a special class of property that differs from ordinary personal or real property that you can see or touch; the only real difference is that intellectual property is created by the property owner's mind. Various statutes, both state and federal, have been enacted to protect the rights of intellectual property owners in their property. If you feel that you have some Intellectual Property that needs protecting, please contact one of our Intellectual Property attorneys.

Jurisdiction and Procedure in Patent Disputes
A patent gives the patent owner the right to exclude others from the subject matter of the patent. If another person or company makes, uses, sells, offers for sale, or imports the subject matter of the patent, they are said to infringe the patent. If this occurs, the patent owner may elect to stop the infringer or may seek compensation for the infringing activities. Typically these actions are brought in a lawsuit in federal court. The United States Patent and Trademark Office (USPTO) has neither jurisdiction over a patent once it issues nor has any enforcement powers with regard to patent rights. In addition, a party who believes that a patent issued by the USPTO is not valid may bring a federal lawsuit to challenge the validity of that patent. If you have questions related to a patent, please contact one of our patent attorneys. More...

Trademark Law and Likelihood of Confusion
The purpose of trademark law is to prevent confusion in the minds of the consuming public as to the source of a particular good or service. An owner of a mark spends considerable money and effort marketing its mark and the goods and/or services that are identified by that mark. One reason for the investment of the money and effort is to make the brand identifiable by the consuming public in association with a particular good or service. In this way the owner maintains the exclusive right to capitalize on their investment. Therefore, if a competitor is intending to use the owner's mark in such a way as to cause or create a confusion such use may be actionable. If you have a trademark that is being infringed upon, please contact one of our Trademark attorneys. More...

Understanding Service Marks
Service marks, like trademarks, are used to protect a brand used in interstate commerce. However, service marks are used in connection with a service, while trademarks are used in connection with a good. This service is performed by one entity for the benefit of another. In otherwords, a service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and service marks. If you feel you have a service that needs service marked, please contact one of our Trademark attorneys. More...

Copyright Formalities
Based upon recent changes in the law, copyright protection in the United States is automatic. When the original work of authorship is fixed in a tangible form of expression the rights associated with copyright generally vest in the artist. The notice and the registration of a work are formalities, which may be required before obtaining and maintaining full copyright protection. The registration and notice requirements, although formally mandatory, are no longer required. This change was enacted with the recent changes to the 1976 Copyright Act. If you have an original work of art that you would like to protect, please contact one of our Copyright attorneys. More...

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