By: Scott Brenner The U.S. Copyright Act protects “original works of authorship fixed in any tangible medium of expression.”[1] Specifically, copyright law protects: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and […]
By: Scott Brenner Effective trademarks exclusively identify the source of the goods or services. The power of a trademark to distinguish the source of goods or services is its strength. A highly distinctive trademark is “strong” because it immediately identifies the source of the goods or services. A barely distinctive trademark is “weak”—customers may not […]
By James Juo. Patent invalidity based on indefiniteness can be asserted as an affirmative defense in a patent lawsuit. To satisfy the definiteness requirement of 35 U.S.C. § 112(b), the claims of a patent must particularly point out and distinctly claim the subject matter of the invention. 35 U.S.C. § 112(b) (a patent’s “specification shall […]
By James Juo. The legal standard for trademark infringement under the federal Lanham Act is whether there is a likelihood of confusion as to the source of the goods or services with which the trademark is used in commerce. The U.S. Court of Appeals for each regional circuit has its own version of the test […]
By James Juo. Section 1202 of the Digital Millennium Copyright Act (“DMCA”) prohibits removing or altering copyright management information (“CMI”) that is “conveyed in connection with” creative works. Under the statute, CMI is defined to include information such as the title or other information identifying the copyrighted work, the author, terms and conditions for use […]