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By Kyle-Beth Hilfer
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations.
By Kyle-Beth Hilfer
Two recent circuit court cases clarified copyright infringement of photographs on the Internet.
By William Borchard
"Licensee Estoppel" is a judge-made doctrine based on the idea that a licensee should not be able to attack the licensor's rights while benefitting from the license. But the doctrine has not been applied to all IP licenses even when a contract clause prohibits a licensee challenge.
By William Borchard
Although trademarks, copyrights, patents, and trade secrets all concern intangible property rights and overlap to some extent, they differ from each other significantly.
By William Borchard
A patent gives the patentee (patent owner) the right to exclude others from making, using, offering for sale or selling an invention within the U.S. or importing it into the U.S.
By William Borchard
A copyright seeks to promote literary and artistic creativity by protecting, for a limited time, what the U.S. Constitution broadly calls the "writings" of "authors." Copyrightable works include:
By William Borchard
A trademark is a brand name, logo or package design, or a combination of them, used by a manufacturer or merchant to identify its goods or services and to distinguish them from others.
By Baila Celedonia, Baila Celedonia, Kieran Doyle, Kieran Doyle, Kieran Doyle, Kieran Doyle
The concept of fair use in copyright law is well known to intellectual property practitioners. An analogous concept exists in trademark law, where the use of another's mark is deemed "fair".
By Baila Celedonia
Many intellectual property lawyers believe that the entire subject of secured transactions does not concern them. Whether that was ever true, such a belief could be disastrous today. There has been a growing acknowledgement over the last few years among lenders and investment bankers that a company's intellectual property is often its most valuable asset. This is so not just for high tech companies with their portfolios of patents or computer software developers with software copyrights a
By Meichelle MacGregor, Meichelle MacGregor
By Peter Porcino