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 […]

Understanding the Basics of Continuation Patent Practice A continuation patent application allows you to extend your original patent filing with additional claims, keeping the same filing date. This can be vital in adapting to new developments and protecting your innovation fully. This article will explain what a continuation patent application is, why it’s beneficial, the […]

Design patents protect the ornamental aspects of an article's appearance, ensuring that unique designs for products and other articles of manufacture receive legal protection against unauthorized replication. However, design patent infringement is a bit esoteric and an often contentious area of intellectual property law. This article explores the legal standards for determining infringement and hypothetical […]

What rights can be left in an Abandoned Trademark? Trademark law provides rights and protections for trademark owners as a result of continuous use of their marks in commerce. This means that a business must actively use the trademark to keep the rights alive and enforceable. As a general matter, when a trademark is no […]