Showing 57 posts in Intellectual Property.
Your Garage Sale could be at risk
It might be illegal to sell those treasures.
The excitement of the hunt for the perfect item at the flea market or the thrill of selling your relative’s antique lamp at a great price could soon be dimmed by the Supreme Court of the United States. Read More ›
Categories: Copyright, Intellectual Property
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Intellectual Property Rights and the Crowdfunding Platform
Crowdfunding, some would say, is the new social networking platform of raising money from people online. While crowdfunding is a relatively new term and concept, traditional principles of law still apply. Artists, startups and online creators using this new platform are governed by Intellectual Property principles.
Intellectual Property (IP) refers to the creations of the mind; and most commonly include ideas or inventions, literary and artistic works, symbols that identify your brand, names, logos and/or competitive business ideas or information. Under this broad umbrella of Intellectual Property, there are generally four categories that govern the use of Intellectual Property:
- Trademarks
- Patents
- Copyrights
- Trade Secrets
Before pitching or disclosing your concept to an online crowdfunding community to raise money these four categories of protection and the potential resulting consequences should be thoroughly examined. Failure to do so could result in the inadvertent theft, infringement or forfeiture of your IP rights. Let's take a deeper look at these four categories. Read More ›
Categories: Copyright, Crowdfunding, Intellectual Property, Patents, Trade Secrets, Trademarks, Venture Capital/Funding
Proposed Legislation Expands Protection of Trade Secrets
Legislation allowing victims of trade secret theft to sue in Federal court was introduced in the Senate recently. The Protecting American Trade Secrets and Innovation Act of 2012, sponsored by Senators Herb Kohl, Chris Coons and Sheldon Whitehouse, grants companies the option of using Federal courts to bring a civil lawsuit against offenders. The proposed law helps companies maintain their global competitive edge by ensuring an effective and efficient way to recover their losses from trade secret theft. Read More ›
Categories: Intellectual Property, Trade Secrets
Top-Level Domain Names: Protect Your Rights
In 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) removed most restrictions on the names of generic top-level domains. A top-level domain name is the letters after the “dot” in a website address. The most common top-level domains are “.com” and “.org”. Internet domains can now be any phrase and contain non-Latin characters (for example, Chinese, Arabic, etc.). Read More ›
Categories: Domain Name Registration, Intellectual Property
Part 3 - U.S. Patent Reform: False Marking Claims
This is the third and final post in a series (Part 1: First-to-File; Part 2: Post Grant Review Proceedings) summarizing the most significant changes created by the Leahy-Smith America Invents Act (the "Act"). As you know, the Act was signed into law on September 16th. Although hyped as a major change in the U.S. Patents system, the Act does not affect many of the fundamental tenants of U.S. Patent law.
This blog post focuses on: (1) new limitations on false marking claims, and (2) USPTO funding and fees. Read More ›
Categories: Intellectual Property, Patents
Part 2 - U.S. Patent Reform: Post Grant Review Proceedings
As noted in my previous post (Part 1: U.S. Patent Reform: First-to-File), the Leahy-Smith America Invents Act has been signed into law. The America Invents Act has been sold as "the biggest change in the U.S. Patents System since the 1950s." The hype, however, is far from reality – as the Act does not affect many of the fundamental tenants of U.S. Patent law.
This is the second of multiple blog posts that will summarize the most significant changes created by the America Invents Act. My previous blog post addressed the adoption of a "First-to-File" system. Today, I will discuss "Post Grant Review Proceedings." Read More ›
Categories: Intellectual Property, Patents
Part 1 - U.S. Patent Reform: First-to-File
On September 16th, President Barack Obama signed the Leahy-Smith America Invents Act into law. The America Invents Act has been sold as "the biggest change in the U.S. Patents System since the 1950s." However, the Act does not affect many of the fundamental tenants of U.S. Patent law and in fact is significantly modified from the bill that originally was proposed.
This is the first of several blog posts that will summarize the most significant changes created by the America Invents Act. Read More ›
Categories: Intellectual Property, Patents
Defensive Registration of .XXX Domain Names
Earlier this year, the Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for managing top-level domain name spaces (e.g., .com, .org, .edu and .gov), approved .xxx as a new top-level domain name space. .xxx top-level domain names are intended for adult content. However, as noted in a prior posting, the .xxx top-level domain could result in unwanted affiliation between your brand and the adult entertainment industry or create an opportunity for brandjackers to register "www.YourCompany.xxx." Read More ›
Categories: Domain Name Registration, Intellectual Property, Trademarks
Intellectual Property: The Basics and Your Business
What is "intellectual property" and why should it matter to your business? At the most basic level, "intellectual property" is one of an organization's most valuable assets. Intellectual property frequently differentiates extraordinary companies from "average" organizations. For that reason, IP must be zealously protected. IP breaks down into four areas: patents, trademarks, copyrights, and trade secrets. Read More ›
Categories: Copyright, Intellectual Property, Patents, Trade Secrets, Trademarks
Barbie vs. Bratz: The Tirade of a Trade Secret
Let's take a look at a common scenario. An employee named Ted leaves a company, let's say "Company A," and goes to work for another company in the same industry – "Company B." While employed by Company A, Ted worked on key projects and had access to and developed many new and creative concepts. When Ted joins Company B, he implements many of the new and creative concepts he helped develop while working for Company A. Company B later commercializes some of these concepts developed and brought over by Ted. Company A then sues Company B, claiming misappropriation of trade secrets. A trade secret, of course, is any information that has economic value because it is not generally known to the public and is subject to efforts to keep the information secret. This scenario is common - the characters in the real life saga of Mattel v MGA Entertainment are not. Read More ›
Categories: Employment, Intellectual Property, Trade Secrets
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