Trademarks Get Nasty

The Trademark Act prohibits registration of any mark that, among other things, comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. Now a recent ruling by the Court of Appeals for … Continued

Who Owns The Copyright?

What does the copyright protect? A work of original authorship that qualifies for copyright protection is property. The right to make and distribute copies of it can be bought, sold, traded, leased, loaned, leveraged, forfeited, lost, damaged, misappropriated and stolen. Moreover, the right to make and distribute copies, because they are copies, can be divided, … Continued

Patenting And Public Disclosures

One of the essential elements of a patentable invention is novelty. Consequently, disclosure of your invention to others may severely restrict, and can completely eliminate, your ability to claim patent protection in the United States and elsewhere. There are many factors that must be considered in determining whether a disclosure is of a type that … Continued

TM or ®

The question comes up fairly often: Which should I use? The TM or the R-in-a-circle thing? Sometimes we raise the issue when we see our clients using the wrong one or none at all. The difference between the two is straightforward and easy to understand. What often gets lost, however, is that there are consequences … Continued

Warning: Copyright is a noun

Yes, if you look in Merriam-Webster you will find copyright defined as a verb. The reason copyright is defined as a verb is that it is widely used as a verb in “the media” and other “literature,” and, for good or ill, that’s where words acquire their definitions. The trouble with the use of copyright … Continued

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