Intellectual Property


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Intellectual Property Questions

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You may.  We would have to see all of the facts, but under copyright law, the works at issue need only be "substantially similar," and you would also have to prove that the other company had "acc ...Read more

It depends.  If the other business's trademark is considered famous, then you should not attempt to use or register a similar trademark in another field of use.  Also, if your intended use c ...Read more

I recommend you contact the owners of the copyrights for the videos and obtain permission to use the videos on your website.  You might review some of the materials on copyright at www.copyright. ...Read more

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Intellectual Property: How Ideas Are Protected

Small business owners have a difficult task in navigating the legal side of their business. After all, business owners are an expert in their fields, not the law — and that can make it hard for ... Read more

KFC readily litigious when it comes to protecting that recipe

What is allegedly locked up in a humungous safe that the New York Times notes is “encased in two feet of concrete and guarded by video cameras and motion detectors?” Nuclear codes? The wor ... Read more

Are Methods of Diagnosis Still Patentable?

Methods of medical treatment and methods of medical diagnosis have long been recognized as patentable subject matter in the United States. However, recent decisions from the US Supreme Court as well a ... Read more

A Tilted Playing Field: Copyright Infringement and Attorneys’ Fees

In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread.  – Anatole France, Le Lys Rouge [The Red Lily] (1894), ch ... Read more

Breaking News: Supreme Court Says TTAB Finding of Confusion Can Bar Litigation of Same Question

The 18-year trademark dispute in B&B Hardware, Inc. v. Hargis Industries, Inc. has been decided by the Supreme Court in an opinion issued this morning (case 13-352).  The Court summarized the ... Read more

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