United States Patent and Trademark Laws: An Overview
Laws in United States are tailored to protect the work of inventors. It is important for inventors to apply for patents in the United States Patent and Trademark Office to protect their work from being misused or stolen.
Owing to the value of the protection provided by the patent and trademark laws, the legal process will be complex and one must meet the terms and standards exactly. It is wise to approach an experienced patent lawyer who is knowledgeable of the nationwide patent laws for legal assistance.
An inventor who holds a patent has the right to prohibit people or organizations from using, creating, selling, or importing the invention without his or her permission. The party at fault is said to have intruded the intellectual property rights of the inventor.
Filing a patent in the United States provides a protection to the inventor only within the borders of the country.
There are several legal formalities related to invention protections, such as:
- Patents
- Product Clearance
- Trademarks and Service Marks
- Trademark Clearance
- Licensing
- Employee Patent Assignments
- Confidentiality Agreements
- Non-Compete Agreements
One should take the advice of a patent attorney to understand the kinds of services one might need in a given circumstance.
Will Any of $105M Settlement from LimeWire File-Sharing Lawsuit Make it to the Artists?
With a huge $105 million settlement reached recently with Limewire, a file-sharing network, musicians might think that a big payday is forthcoming. Unfortunately, the chances are that based on similar settlements in the past, most musicians will barely see a dime.
According to Ben Sisario of Media Decoder in “Getting a Slice of LimeWire’s Pie,” other multimillion settlements with Naptster, Grokster, Kazaa and others have yielded little if any funds to the musicians who have been cheated out of royalties. Lawyers and big music label executives say that the settlement money from the Limewire claim will undoubtedly be split amongst the record companies according to their market share, with most of the remaining funds used to pay legal fees.
Information in this post gathered in association with a Brooklyn criminal defense attorney
The case against Limewire has been going on for five years, so legal fees will be in the millions of dollars. As with class-action lawsuits, the prime beneficiaries usually are the attorneys.
Any money left over should go to artists’ accounts based upon their market share, but many artists are still waiting to collect on settlements with Napster and Kazaa that were settled years ago. At this point, it seems unlikely that the artists will be paid from those past settlements.
Warner Music Group did announce that it will share the settlement money with its artists, but if the artists’ lawyers and other representatives are correct, the only artists who may realize a check will be the ones with the largest clout and power, leaving the smaller artists high and dry once again.
FSU Settles with High Schools Over Seminole Logo
Florida State University, or FSU, is known nationwide for their Seminole logo as well as for their very successful collegiate athletic teams. Their pride over the logo, however, has led them to contact high schools around the country who have school logos that FSU feels are too similar to their trademark.
Outrage Expressed
Doug Blackburn of Tallahassee.com commented in Georgia school board members rip FSU over Seminole logo agreement that one school board member of a high school in Georgiawhich reluctantly agreed to change its logo or risk an expensive lawsuit over trademark violationsnevertheless expressed her anger over the bullying tactics of a well-funded university with expensive lawyers.
Salem High School in Rockdale County, Georgia, opened its doors in 1991, but changed its original logo during the intervening years to one that resembled FSU’s logo. Its middle school had shared the same logo since it opened in 1993.
Vice Chairperson Jean Yontz, who also voted in vain against the agreement, expressed similar outrage by pointing out that Georgia’s high schools have used the bulldog, the University of Georgia’s logo, for years without complaint from the university, and that schools and youth teams all over the U.S. have used major league baseball’s uniforms and logos without concern from Major League Baseball.
Salem High was given time to overhaul its uniforms, caps, website, publications and prints, including murals, to minimize the costs. To defend itself against FSU would have cost the school district an estimated $250,000.
Information and data within this post gathered in association with Pensacola personal injury attorneys at Baker & Baker PL.
Intellectual Property Law in New Jersey
Intellectual property law protects creations, granting certain rights in these types of intangible assets:
- Musical works
- Literary works, including novels, poems, and plays
- Artistic works, including drawings, paintings, photographs, sculptures, and films
- Architectural designs
- Discoveries and inventions
- Words, phrases, symbols, and designs
There are many types of intellectual property that provide protection to their owners:
- Copyrights
- Trademarks
- Patents
- Industrial design rights
- Trade secrets
Under intellectual property law in New Jersey, if you would like to use another person's intellectual property, you must seek permission from the owner. The owner can then grant you permission or a license to use that intellectual property.
A copyright remains the property of the artist even after his or her death but only for a certain period, during which the artist's family can obtain financial benefits from the material.
Some other intellectual property have very specific time limits. For instance, the time limit for a utility patent is 20 years from the date of first filing. For a design patent, the time limit is 14 years from the date of filing.
If you require any help in protecting your intellectual property or would like to know how the intellectual law in New Jersey protect your rights, contact an intellectual property attorney in Morris County.
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