News
[08/26]
Patent dispute spins around Cedar Fair's new ride
[08/13]
Oracle sues Google for patent infringement
[08/10]
Yahoo heartened by patent verdict
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Articles
Copyright
Copyrights are protections granted to authors, artists, composers, and publishers for their original creative works. The purpose of copyright protection is to encourage artists of all kinds to create new intellectual and creative works, which will promote human knowledge and development. The United States bases its copyright law on British common law and statutory law. Copyright protection was considered important enough to be included in the Constitution, and Congress passed the first copyright statute in 1790. The laws have been amended a number of times since, driven largely by changing technology.
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How to Hire the Right Patent Attorney
Getting patent protection can start with selecting the right patent attorney. Your patent attorney can draft the patent application and provide you with advice during the application process, which may take two to three years. The final patent will only be as strong as the patent attorney who drafted it. Below are some questions you should ask a prospective patent attorney before retaining their services. You could also hire a patent agent to prepare the patent, but they will not be able to assist you with any subsequent infringement issues that require legislation.
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Case Summaries
[09/03]
Seller Agency Council, Inc. v. Kennedy Ctr. for Real Estate Educ., Inc.
An order denying counter-claimants damages, attorneys' fees, and costs in an action for trademark infringement against plaintiffs is affirmed in part, vacated in part, and remanded where: 1) the doctrine of unclean hands does not bar the application of the equitable defense of acquiescence in this instance; 2) plaintiff had permission to use the marks at issue before July 12, 2006; and 3) a remand was proper so that the district court may consider the applicability of plaintiffs' defense of acquiescence in a manner consistent with the circuit court's opinion.
[09/03]
F.B.T. Prods., LLC v. Aftermath Records
In a dispute concerning the percentage of royalties due to plaintiffs under their contracts with defendant in connection with the recordings of the rapper Eminem, judgment in favor of defendant is reversed and an attorney's fees award in its favor is vacated where: 1) a "Masters Licensed" provision unambiguously applies to permanent downloads and mastertones; and 2) thus, the district court should have granted summary judgment to plaintiffs.
[09/02]
Bodum USA, Inc. v. La Cafetiere, Inc.
In a suit for common law trade dress of a French-press coffee maker known as the Chambord, district court's judgment in favor of the defendant is affirmed as, Article 4 of the parties' contract is clear and precise as it allows defendant to sell the coffee maker design anywhere except France - provided that it does not use the Chambord or Melior names and does not use plaintiff's supply channels for four years.
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