Business competition is normal and important; it makes individuals and companies strive to innovate, achieve, and produce.  There are financial rewards and accolades for the survival of the fittest.  In fact the National Inventors Hall of Fame was created with the sole purpose of encouraging future generations to innovate.  However, in the case of business, …

The United States Supreme Court held in Microsoft v. i4i Limited Partnership, et al. (June 9, 2011) that patents are presumed valid, unless “clear and convincing” evidence indicates otherwise.  In other words, 35 U.S.C. § 282 requires an invalidity defense to be proved by clear and convincing evidence.  In this Microsoft case, i4i brought sued …

The Court of Appeals for the Second Circuit recently analyzed the first sale doctrine (17 U.S.C. 109(a).) The Court determined that the first sale doctrine doesn’t apply to copyrighted works manufactured outside the United States.  The case is John Wiley & Sons, Inc. v. Kirtsaeng.  In this case, copyrighted works, which were produced outside of …

It likely sounds odd to consider trademarking a color.  After all, a trademark means that another individual or company cannot use that color, sound, word, phrase, or logo without permission, or license.  Prevent others from using a color?  Yes, sometimes; but, not always.  Hot designer, Christian Louboutin, trademarked his “lacquered red sole,” distinctive women’s shoes …

It’s likely that you see (or hear) hundreds, or even thousands, of trademarks in a day’s time, without even thinking about it.  A trademark is a distinctive phrase, word, symbol or design that identifies a product or service.  Even sounds such as the NBC chimes can be trademarked.  The trademark may be owned by the …

The Digital Millennium Copyright Act (DMCA) is the most recent copyright law amendment to Title 17 of the United States Code, reflecting the dynamic world including the digital expression of creative works and their necessary protections.    The bottom line is the DMCA makes it illegal to break or circumvent digital contents’ locks and controls.  Creative …

Have you heard of Jack Kirby?  Jack was a well known comic book artist who created Spider Man, X-Men, Fantastic Four, Thor, and the Incredible Hulk, while partnered with Stan Lee.  Jack died in 2004.  Five years later and after Walt Disney Co. announced it was going buy Marvel for $4 billion dollars, Jack’s children …

If you’re reading this blog, you’re likely trying to avoid copyright piracy, committed by yourself or others.  Copyright “piracy” is the same as copyright “infringement,” but “piracy” creates a more illustrious picture, don’t you think?  Think Johnny Depp, as Captain Jack Sparrow, being forced to walk the plank, getting abandoned on the island.   We’re here …

The explosion of the internet illustrates why the law must be dynamic, adapting and developing as technology rockets forward.  Online materials, including those written in the ones and zeros of computer language, are, indeed copyright protected. What Works Are Afforded Copyright Protection? As soon as they are in tangible form and assuming the creation took …

A federal judge will shortly issue an injunction shutting down Zediva’s movie streaming operations, started in March 2011.  Zediva, a Silicon Valley business, was founded, hoping to take advantage of a loop hole in copyright laws.  The Motion Picture Association of America and a federal judge disagreed that Zediva was operating legally.  An injunction means …