Intellectual Property Law – Page 6

Copyright Protection For Employer’s Proprietary Materials

November 12, 2012

Every day workers leave their jobs, sometimes to join competitors, oftentimes to start firms in direct competition with their former employers. In the course of doing so they are routinely tempted to save proposal documents and other firm collateral for future use. Such materials often contain information of a proprietary nature offering competitive advantages to … More Copyright Protection For Employer’s Proprietary Materials

Ancient Doctrine of Laches Affirmed in 9th Circuit Copyright Case

November 5, 2012

In lawsuits involving Intellectual Property, particularly copyright and trademark infringements, lawyers for the infringing party typically raise the equitable defense of laches. Laches involves the right’s owner having knowledge of the infringement and doing nothing to protect its interests. In copyright for the owner, with full notice of an intended infringement to stand inactive while … More Ancient Doctrine of Laches Affirmed in 9th Circuit Copyright Case

Philadelphia’s Cheesesteak as a trademark?

October 12, 2012

Trademarks have varying strengths depending upon their distinctiveness. While Apple as the name of a computer company has a high degree of distinctiveness, Fred’s Fish Fry as the name of a seafood restaurant? Not so much. The Apple name is arbitrary when it comes to computer products while Fred’s Fish Fry is a descriptive name. … More Philadelphia’s Cheesesteak as a trademark?

Beware Using Historic Symbol As Trademark

October 12, 2012

Using an historic symbol, like the Texas Star, as a trade or service mark can lead to unintended consequences when your competitor decides to use a similar symbol. In the case of Amazing Spaces, Inc. v. Metro Mini Storage, the United States Court of Appeals Fifth Circuit held that the registered service mark symbol used … More Beware Using Historic Symbol As Trademark

TM Geographical Origin Follows the Goods Not the Designer

October 8, 2012

Can a designer of handbags fashion his former Parisian residence as the source of his designs for geographical origin purposes when his products are neither made nor designed in Paris? Not according to The U.S. Court of Appeals Federal Circuit in the case of In Re Miracle Tuesday LLC. http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1373.pdf The Appeals Court affirmed the … More TM Geographical Origin Follows the Goods Not the Designer

Brand protection

September 19, 2012

A trademark is basically a brand. It can be a word(s), symbol or device affixed to a product used to identify and distinguish the goods of one seller from that of another and to indicate the source of such goods in order to prevent consumer confusion. I pride myself as a savvy consumer, not easily fooled … More Brand protection

William Tennant

Business, Intellectual Property and Technology Law