Intellectual Property

Amazon patents blur human-robot lines

Amazon’s recent success in obtaining two U.S. patents (9,881,276 and 9,881,277) for wristbands, capable of controlling employees’ hands and directing their actions, has raised fundamental legal and even constitutional questions about government authority to authorize and enforce inventions. Thus, potentially redefining the relationship between humans and technology by effectively treating people as robots. The looming…

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Using Patents to Establish Brand

Small businesses and especially startups are often well aware of what a patent can accomplish for their businesses; provide a legal monopoly for their inventions for a period of time.  And yet, the effects of a patent can go beyond protection of an invention and can include helping establish a strong brand for the business,…

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Re-Filing Trademark Applications Can Be A Way to Solve Examiner's Rejection Which You Think Has No Proper Basis

When your trademark application is being rejected by an Examiner as being confusingly similar to another registered mark, you may disagree because you feel the registered mark is not that similar to your mark or because the goods and services between the marks are very different.  However, no matter how hard you explained this to…

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Register Your Copyright Before You Register Your (Infringement) Complaint

There have been several high-profile copyright infringement lawsuits filed in the last few years. Marvin Gaye’s estate sued Robin Thicke and Pharrell Williams, for allegedly appropriating some of Gaye’s famous song “Got to Give It Up”, into their big hit, “Blurred Lines”. Bruno Mars and Mark Ronson were sued twice, over their hit “Uptown Funk”…

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Countering Unauthorized Postings on the Internet

The internet has provided owners of intellectual property with virtually instantaneous and unlimited access to vast new markets and opportunities.  On the other hand, the new medium has provided opportunities for copycats to make unauthorized use of others’ intellectual property works. The Digital Millennium Copyright Act (DMCA) provides a legal and procedural framework and mechanism…

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Kylie and Kendall Jenner Don't Know Wrong from Rights

Earlier this year, Kylie Jenner tried to register a U.S. trademark for “Kylie” as a brand for her celebrity and her branded goods.  For some reason, she or her legal counsel neglected to first find out if that name/brand was available for trademark registration in the trademark classes Kylie sought.  It wasn’t. As early as…

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Can a trademark include a mark that's already registered within it?

It depends on how the registered mark is used and how arbitrary or fanciful is the registered mark. In short, if no one will confuse your mark with the registered mark, then you likely will be fine. For example, “Target” is registered by Target Brands, Inc. in association with various retail department store services. However,…

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Trademark Infringement VS. Copyright Infringement

Some clients are confused about when should they enforce their Intellectual Property (IP) right under Trademark and when should they do so under Copyright.  In short, while there may be some overlap between the two IP rights, the primary purpose for Trademark is to protect brand names and logos used on goods and services, and…

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Intellectual Property

Briefly, the term intellectual property is an umbrella of rights that include patents (utility and design), trademarks (trade name, logo or trade dress), and copyrights. Patents afford protection for ideas that are useful, novel and non-obvious. There are typically three types of patents that concern most businesses; utility patents, which protect the use, function and…

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