Someone Copied Your Trademark? Let's See
One of the more intricate and indeed litigious aspects of trademark law arises when one party claims that another party is using a mark that infringes on the their own mark (either by using the mark without permission or by using an excessively similar mark). Of course, the defendant will seek to prove that his/her mark is sufficiently distinct enough from the first mover’s mark so that there is no infringement. Clearly, there is a certain amount of subjectivity involved in making this decision and in order to better codify the factors that go into determining whether or not...
Writing Software Patents – The Basics
The notion of a software patent is slightly controversial because the coding language used to develop the invention is not actually getting patented, but never the less, software patents do exist and if you are a software coder/inventor, you may wish to get one. Like all matters relating to protecting your intellectual property, each case is unique and requires specifc guidance from an experienced patent attorney. Keeping this thought in toe, here are a few basics to keep in mind when considering a software patent. Patent Searches Before any patent can be registered, a thorough patent search must be done. This...
Trademarks – What Makes BMW, BMW? Your Reputation Is At Stake Trademark law is as complex as it is interesting and like other areas of intellectual property, is chiefly concerned with protecting expressions of ideas that are proprietary to a particular individual or company. However, unlike copyrights, which protect a given creative work or patents, which protect novel inventions, trademarks are unique in that they are focused on protecting the underlying idea that the mark represents. Psychologists and branding experts have long since recognized the experiential quality that a brand name and logo can evoke in a viewer and its capacity to...
Think You Don't Need A Patent? It May Cost You Your Idea
Patents: Lasting Protection If you have a workable, provable, exclusive idea—an invention, in other words-- the only real way to protect it is to patent your product and process. This holds true in spite of various ads you might see in the back of magazines or on the internet that claim otherwise. Most of these ads are from invention promotion companies and while their motives may be pure, the advice is faulty. Traditionally, two other methods to supposedly protect your invention are offered. Here's why they won't work for long: Confidentiality agreements. It's true that you can have everyone who is involved...
Copyrights: Protect Yourself From Web Content Theft
There is nothing new about copyright violations; people have been stealing content from others for centuries, regardless of the laws in place. What creates more immediate problems in our modern era, however, is the ease with which content can be lifted online – a point, a click, copy and paste and you're done. Still, it is important not to lose sight of the flip side of this technological coin. If technology makes it easier to immediately lift content, it also makes it easier to protect it or contest a theft as well. Certainly, not everyone who “steals” web content understands...
Answering Your Patent Search Questions
Patent Searches - The First Step It is no great secret that many inventors become overwhelmed and discouraged before they even begin the process of applying for a patent and inevitably do not pursue IP protection for their idea. This in large part due to a general sense of confusion and helplessness which can often be remedied during a consultation with a competent patent attorney. As we shall soon discover, the first step all inventors must take before applying for a patent is conducting a patent search. Here are a few answers to some of the more common questions we...
Patent Application Tips – Describing Your Invention
Patents - They Really Are This Complex Could you, if asked (and you will be asked if you file a patent application,) describe the “alternative embodiments” of your invention? Not the actual invention itself, mind; most inventors can describe that down to the very least detail, exactly how they see it functioning both in manufacture and in the marketplace. In other words, they are well able to describe what is called the “preferred embodiment” of the invention. This, of course, is a necessary step and one that your patent attorney will make sure you take. But, of course, one of...
A Few Trademark Basics and Benefits For Your Consideration
Trademarks: They Count Most people know the importance of tradmarks to huge, mega-corporations who have many products and enormous profits to protect. Fewer are convinced that it's worth it for their small or emerging business to file trademark applications. In many cases, however, a protected trademark is as important, if not more so, to smaller businesses who are just penetrating their markets - Particularly when it's time to grow a valuable trademark or brand. Here are a few of the benefits and basics of getting a trademark to protect your name, logo or business slogan. File Federal, Instead of Local Your first...
