Intellectual Property News

July 2007 Newsletter

Patents and Patent Defenses
A patent is a federal statutory right that allows an inventor to exclude others from making, using, selling, offering for sale, or importing the patented invention without the inventor's permission for the limited period specified by the patent statute. If a person or other entity makes, uses, sells, offers for sale, or imports the invention covered by the patent, they have infringed the patent, and the patent owner may bring a lawsuit to seek relief. There are several defenses to allegations of patent infringement available to someone who is sued for patent infringement. Two of the available patent defenses are that the allegedly infringing activity is not an infringement of the patent and that the patent is not valid and cannot be enforced. If you have a patent or have questions about validity and non-infringment please contact one of our Patent Attorneys. More...

Interpreting Patent Claims
Patent claim interpretation is the process of giving proper meaning to the claims contained within the patent. The Claims defines the scope of the patent and the specific language used in the claims determines the actual scope of the claims. Therefore, the language of the claim frames and ultimately resolves all issues of infringement. In determining the meaning of disputed claim terms, however, a court will consider different portions of the patent including the written description, the drawings, the prosecution history, and extrinsic evidence. These additional sources provide a source to identify the context of the claims to help illuminate the intended meaning of language used in the claims. Nonetheless, throughout the interpretation process, the focus is on the meaning of claim language itself and not on the additional sources. After constructing the meaning of the claim terms, the court will determine the validity of the patent and analyze any infringement at all stages of the case, including trial. If you have questions regarding the proper claim scope of a given patent, contact on of our patent attorneys to review the terms used within the patent claim. More...

Trademarking Nicknames
A trademark is occasionally varied by the public in both speech and written usage to an abbreviation of or a nickname for a company's name or trademark. A company can claim trademark ownership of such a name even if the company neither created it nor publicized it. This protection coincides with the philosophy behind trademark law, protection against consumer confusion. Sometimes the public modifies recognized names and marks either by shortening a longer mark for purposes of convenience, such as the use of "Coke" for a Coca-Cola beverage or by adopting a nickname because of the appearance of a product and/or a desire to colloquialize a trademark, such as "Bug" for the Volkswagen Beetle automobile. A company can secure trademark protection for an abbreviation, acronym, or nickname conferred by the public if it can show that the purchasing public associates that nickname with the company or identifies the company as the source of products bearing that nickname. In this way, the company may prevent another entity from using a mark that is confusingly similar to the new term even though the company itself has not made public use of it. If you have questions about protecting a nickname for your company from use by your competitors, contact one of our Trademark Attorneys. More...

Trademark Infringement
Trademark law seeks to proactively prevent consumer confusion, and thus it does not require proof of actual consumer confusion in order for infringement of another company's trademark to occur. All that is necessary is that the trademark owner prove that a hypothetical, "reasonably prudent" consumer would likely be confused by the use of the same or a similar trademark on potentially competing products. The hypothetical purchaser is not expected to make detailed, side-by-side comparisons or to have perfect recall. If you believe someone may be infringing upon your Service or Trademark rights, contact on of our Trademark Attorneys to help review the potentially confusing marks. More...

Copyrighting Architectural Works
The owner of a copyright has several exclusive rights to the copyrighted work, including the exclusive right to prepare derivative works from the original, the right to make or distribute copies, and the right to publish the work. A violation of the copyright owner's exclusive rights constitutes an infringement entitling the owner to injunctive relief to stop the infringement and to monetary damages. Under the Architectural Works Copyright Protection Act of 1990, a design professional may invoke copyright remedies not only for a "copycat building" but also for other unauthorized uses of the protected design. If you are concerned that others are or may violate your rights related to your Architectual design, contact one of our attorneys to discuss ways to protect your work. More...

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