Intellectual Property
Intellectual Property
Intellectual Property
A Little Patent Knowledge Can Be an Expensive Thing
Lost profits are the central focus when calculating damages in cases involving infringement or other violation of intellectual property, such as copyrights. A four-part test to prove lost profits was laid out in the landmark case of Panduit Corp. v Stahlin Bros. Fibre Works. Meeting these four parts let the plaintiff prove that it would […]
Intellectual Property
Copyright and Your Website
No matter what type of business you’re in, you probably have a website. And you probably want to regularly put interesting content on your website in order to keep it fresh and appealing. Perhaps you develop your own copyrightable articles or images — or hire someone else to do it. No matter how your website […]
Intellectual Property
How Comparative Advertising Can Dilute a Trademark
Not that long ago, it was considered distasteful to mention a competitor’s name or show its trademark in ads. Instead the advertising industry came up with phrases like “Brand X” and “The Leading Brand.” Today, many ads go right for the gut: You can’t go a day without seeing bar graphs, taste tests and surveys […]
Intellectual Property
TRADE SECRET QUIZ
The answer is C! Once a third party develops an innovation on its own, the trade secret protection that another company has is lost forever. The reason: Even though a company may have gone to great lengths to protect proprietary information, it is obviously no longer a secret if someone else develops it without outside help. However, most […]
Intellectual Property
Inventions: Be Aware of the ‘On Sale Bar’
To qualify for a utility or design patent — the most common types of patents — your invention must be “novel” under the law. In essence, you can’t patent an idea that has previously been patented What Constitutes a “Sale?” The U.S. Supreme Court issued a ruling in 1998 stating the one-year grace period […]
Intellectual Property
Non-Compete Agreements: What Can They Accomplish?
It may seem ironic that companies encourage innovation and brilliance while employees are on the payroll, but pull the plug on that ambition if they dare to leave. But non-compete agreements attempt to do just that to control damage. State Laws Vary Laws regarding non-compete covenants vary from state to state. For example, courts in […]
Intellectual Property
Trademark Protection for Product Shapes and Containers
American law has long granted trademark protection to the shapes of products and containers. Perhaps the most famous example is the instantly recognizable Coca-Cola bottle, which is almost as important a trademark as the soft drink company’s stylized name logo (Trademark protection for the product shapes and containers should not be confused with the safeguards […]
Intellectual Property
Keep the Barn Door Closed
You probably spend a great deal of time and money developing unique ideas, products, and services. But the more people who know about your plans, the more you risk losing your secrets. To help protect intellectual property — your vital assets — it’s important to require confidentiality agreements. Sometimes referred to as non-disclosure agreements, confidentiality […]
Intellectual Property