What is Obviousness? One of the central concepts in patent law is "obviousness". An invention must be non-obvious in order to merit patent protection. The core of determining whether an invention is obvious is whether the claimed invention would have been obvious to a person of ordinary skill in the art based on publicly available […]

Are Gray Market Sales Legal in the US market? The issue of gray market goods presents significant legal and economic challenges for brand owners, authorized sellers, and consumers. The gray market, also known as parallel imports, involves the sale of genuine products through unauthorized sales channels. These gray market activities are distinct from counterfeiting, as […]

Understanding Patent Claims A patent claim defines the scope of protection granted to an inventor by the Patent Office, outlining the specific aspects of an invention that are legally protected. These claims are legally binding statements that establish the boundaries of intellectual property rights, determining what is covered under the patent and what falls outside […]

How Trademark Infringement Occurs on the Internet The digital era has expanded the reach of businesses, but it has also increased the risk of trademark infringement across social media platforms, online marketplaces, websites, and other digital spaces. With the ease of accessibility on the internet, unauthorized use of trademarks has become widespread, leading to instances […]

Trademark fair use is the use of another's trademark or service mark in manner that does not constitute trademark use. Trademark fair use is a defense to a claim of trademark infringement. Fair use does not qualify as infringement and is lawful. There are two main types: classic fair use and nominative fair use. This […]

Prior art is evidence that an invention was publicly known before the filing date of a patent application. It can be in many forms, such as existing patents, written publications, videos, and other forms of public disclosure. Prior art matters because if it is sufficiently similar to an invention, it can render the invention unpatentable. […]

Understanding the Public Domain in Copyright Law The "public domain" is a fundamental concept in copyright law, referring to the body of works that are not protected by copyright and, as a result, are freely available for anyone to use without permission or the need to pay royalties. Works in the public domain can be […]

Need to protect your business name or logo within California? This article outlines the California state trademark registration process, including its legal framework, benefits, and the steps required to successfully protect your trademark rights. It also highlights practical considerations, such as conducting a thorough search, selecting the correct classification, and handling the registration process. Whether […]

Who owns the copyrights in your logo and other intellectual property? Business owners often hire independent contractors (e.g., graphic designers, marketing firms, web designers, etc.) to assist with marketing and ad design, website design work, branding concepts, content writing, product photography, and many other projects and tasks that require creativity. Many businesses are not aware […]

New LKQ Corp. Standard Established by the Federal Circuit Background and Evolution of Design Patent Obviousness The Federal Circuit’s recent decision in LKQ Corporation v. GM Global Technology Operations LLC has significantly refashioned obviousness analysis in the context of design patents. By overruling the longstanding Rosen-Durling test, the court introduced a more flexible approach for […]