Intellectual Property News

October 2007 Newsletter

Protecting Slogans
Slogans, which are catchy phrases used to promote a product or service may qualify for legal protection and federal registration if they are used and function as trademarks. Although, Copyright law does not protect short phrases, there is nothing in the Lanham Act (federal trademark law) which disqualifies slogans from protection, but the slogans must identify the source of the goods or services and distinguish them from the goods or services of others. If you have a slogan which you would like to protect, schedule a meeting with an attorney to review your protection possibilities. More...

Protecting Trade Names
Contrary to popular myth, a registered trade name is NOT a registered trademark. This is often an area of confusion among new businesses. Registration of a trade name with the Secretary of State does not mean that the trade name will not infring another's trademark. The term ''trade name'' generally means any name used by a person to identify his or her business or vocation. ''Trade name'' refers mainly to the corporate, partnership or other name of a business. The business may, in turn, market goods or services under one or more trademarks or service marks. Because of the confusion related to trademarks and trade names, it may be helpful to review your business name and brands with one of our attorneys before deciding which type of protection to seek. More...

Patents and Trade Secrets
The inventor of matter eligible for patent protection must decide whether to avail himself or herself of broad patent protection, accepting the disclosure obligations required by the patent process, or they must decide whether to retain the matter as a secret, relying upon the protection extended to trade secrets under common law and by certain statutes. Certain situations indicate a clear advantage in one form of protection over the other. For instance, if the discovery is to be embodied in a product that will be sold, patent protection would probably be the better choice. If you are debating whether to seek patent or trade secret protection for your material, please contact one of our attorneys. More...

Patents with Distinctive Claims
When filing a patent, a patent application must include one or more claims which particularly point out and distinctly claim the subject matter which the applicant regards as his or her invention. Patent claims serve two functions. First, they define the invention for the purpose of applying the conditions of patentability, the statutory bars, and the disclosure requirements. Second, they define the invention for the purpose of determining infringement. If you have questions related to a patent or would like to discuss filing a patent application, contact one of our patent attorneys. More...

Copyright and the Fair Use Doctrine
The United States Copyright law represents a bargain between artists or people who create tangible material and the public. Congress granted certain exclusive rights to creators and authors for a limited time period; in exchange, society receives an increase in creative works and expressive ideas that benefit society as a whole. As part of the bargain, U.S. copyright law recognizes some limitations on the exclusive rights of copyright holders. One of the most important limitations is the doctrine of fair use, which was developed over the years as courts tried to balance the rights of copyright owners with society's interest in allowing copying in certain, limited circumstances. Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act. A use of a copyrighted work that is considered to be "fair use" is not infringement. Although there are no automatic classes of fair uses, courts tend to find fair use where there is a socially beneficial use of a copyrighted work. Because the application of the fair use doctrine is very fact specific, please contact one of our attorneys to discuss the applicaiton of the doctrine as it relates to a copyright work. More...

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