What is the Difference?  What Does This Mean for Your Business? Business owners are often confused about the differences between trade names and trademarks. It is often assumed that establishing a trade name through a corporate registration or business license automatically grants trademark rights, but this is incorrect. While both terms relate to a business’s […]

How Does a Trademark Registration Become Incontestable? What Does Incontestability Mean? Securing a federal trademark registration provides its owner with several substantial benefits, including a presumption of rights in the registered mark, nationwide rights, and many enforcement benefits. However, many business owners are unaware of the enhanced legal benefits available once a registered mark reaches […]

An Indication of Non-Obviousness in Patent Law One of the requirements to be granted a patent under US patent law is that the invention is not obvious in view of the technology that has come before the invention ("prior art"). There are many bases for demonstrating that an invention is non-obvious. One special form of […]

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 […]