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Prosecuting Trademark Applications in the United States Patent and Trademark Office

Careful planning and informed decision-making are the hallmarks of successful selection, adoption, and registration of trademarks and service marks. This paper outlines certain fundamental concepts of trademark law and specifically discusses the advantages and requirements of federal registration (prosecution...

Trademark Searching

What is a Trademark? A trademark can be anything that indicates the source of a product or service and distinguishes that product or service in the marketplace from those of others. Trademarks can be words, phrases, logos, smells, musical tones (the NBC chimes), colors (the pink of fiberglass insulation...

Open Source Software Now Comes with Patent Free Ride; Digital Rights Management also Affected

Open source software is software that is distributed with the source code and without prohibitions on either the creation of modifications to that source code or further distribution of the software. Those contributing modifications to software licensed as open source agree to distribute the modifications...

10 Things I Have Learned From Prosecuting 100 Patents: A Somewhat Irreverent Guide to the U.S. Patent System

On May 23, 2006, the United States Patent and Trademark Office issued the 100th utility patent I have written and prosecuted (U.S. Patent No. 7,048,118, “Support Post With Locking Feature”), the last 14 while I’ve been with Clausen Miller. The journey to 100 patents has been interesting...

"Joint Infringement" Rejected by Federal Circuit

In a recent decision, the Federal Circuit narrowed patent infringement claims based on a theory of "divided infringement," which is of particular importance in telecommunications, networking, Internet and software patent litigation. Read the full article on martindale.com®.

Copyrights

Copyright developed after the invention of the printing press as a means of protecting works of authorship. The United States Copyright Law derives from a constitutional grant to Congress to promote progress in science, knowledge and learning. Copyright protects original works of authorship of all types...

Doing Business on the Internet: Avoiding Intellectual Property, Information Dissemination, and Consumer Protection "E-Commerce Liability"

This Outline explores some of the principal liability issues which arise in connection with the conduct of E-commerce, particularly liability for violation of the intellectual property law and laws regulating the provision of goods and services to the consumer public. Whatever the nature of an e-business'...

Opposition Proceedings before the United States Patent & Trademark Office Trademark Trial and Appeal Board

The Trademark Trial and Appeal Board ("Board" or "TTAB") currently consists of the Chief Judge and 18 Board members, referred to as Administrative Trademark Judges and 14 Interlocutory Attorneys, and support staff. The Board decides ex parte appeals from Examining Attorneys' final...

The First Amendment, Non-Commercial Use, and Fair Use

Fair use is a legislatively codified equitable doctrine designed to carve out certain exceptions to the copyright monopoly for the benefit of the public. 17 U.S.C. §107; see Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). Fair use has traditionally been defined as a privilege in others...

A Primer on Vertical Restraint Law Applied to Intellectual Property - Is Microsoft Really a Vertical Restraint Case?

First and foremost, the antitrust treatment of intellectual property is not different from other types of property. The D.C. Circuit Court of Appeals succinctly underscored this point in the Microsoft case when analogizing Microsoft's ownership interest in its intellectual property to an ownership...

The Fundamentals of Trade Secret Law

Trade secrets can be any type of information, process, idea or "know how" that is not generally known and gives the possessor an advantage in the marketplace. Trade secrets, therefore, include a wide range of confidential business information known as proprietary information, such as chemical...

Employee Inventions

Typically, ownership of an idea or invention is determined by whom and in what context the creation took place. For example, an individual who invents something entirely on his own retains complete ownership. On the other hand, an individual hired by a company for the purpose of creating new products...

Copyright in the Millennial Age

The ABA Journal has posted an excellent update on the battle over online copyright infringement and the safe harbor of the Digital Millennium Copyright Act. In particular, the post discusses the failure of the DMCA to meet the expansion in user-generated content websites. According to the article, several...

FREE EMERGING ISSUE ANALYSIS: Gilson LaLonde on Tiffany Ultimately Responsible for Protecting its Marks, So No Contributory Infringement by eBay for Sale of Counterfeit Goods: Tiffany, Inc. v. eBay, Inc.

Enormous online marketplace eBay is not liable for contributory trademark infringement, though listings on its site offer counterfeit silver Tiffany jewelry for sale, according to a judge in the Southern District of New York. eBay had refused to preemptively remove certain listings of silver Tiffany...

FREE EMERGING ISSUES ANALYSIS: Bensen on the Federal Circuit's Landmark Decision Regarding the Patent Eligibility of Process Claims under 35 U.S.C. Sec. 101: In re Bilski

In the following Emerging Issues Analysis, Eric Bensen, co-author of Milgrim on Licensing and Milgrim on Trade Secrets and a Visiting Assistant Professor of Law at Hofstra University School of Law, analyzes In Re Bilski regarding the patent eligibility of process claims under 35 U.S.C. § 101. If...

Understanding Copyright Law

"In a surprisingly short period of time, the United States has evolved from an industrial to an information- and services-based society. Our postindustrial era is marked by rapid technological change in which our ability to reproduce and receive information grows exponentially. It is hard to believe...

Understanding Patent Law

"A patent is a right granted by the government that allows the patent owner to exclude others from practicing the invention during its term. This right is grounded in the U.S. Constitution, which has authorized Congress to create protection for inventive works. Acting pursuant to this power, Congress...

The Constitutionality of Anti-Bootlegging Legislation

In an Emerging Issues Analysis, Professor David Nimmer offers a comprehensive examination of constitutional challenges to the anti-bootlegging provisions of the Uruguay Round Agreements Act: 17 U.S.C. § 1101, creating civil liability for bootlegging live musical performances, and 18 U.S.C. 2319A...

Libraries of the Future Lend Kindle Titles and Devices

Library Journal posted an article about the mixed response from Amazon over whether a library can lend a Kindle device with books loaded onto it. An Amazon sales rep said “yes,” Amazon officials said “no,” but the law may say otherwise. The first sale doctrine is a copyright...