LATEST ARTICLES

How to Fight a Descriptive Trademark Infringement Claim

A proposed trademark that is 'merely descriptive' should be denied registration unless it has become distinctive in the minds of the public as...

False Marking of Patent is Fraud on Marketplace: Particularity Required

False marking claims allege that a product has been fraudulently marked as subject to a patent.  False marking is a both a criminal...

Owners Contest Intellectual Property Rights Among Themselves

Individuals may own property rights used by a business. These individuals often represent a competitive threat. Intellectual property has its own set...

Countdown: Litigation Best Practices for Today’s Court System

The chances that your case, or any case, will get to a real trial on the merits is way less than one in 10. ...

Copyrights to that Tat’ on Your Back

Copyrights belong first to the author, typically the person who 'fixed' the creative work in a tangible form. A tattoo artist is the...

Understanding the Fair Use Defense to Copyright Infringement

The fair use doctrine is intended to limit the exclusive rights that copyright holders own.  It permits copying for a limited purpose and is...