The U.S. Patent and Trademark Office is under great financial distress and must be aided in order to provide a first line of defense in the war against patent trolls. Through the U.S. Patent and Trademark Office too many patents are being granted that are extremely broad in scope or that can be explained as a common sense idea (Luman). The issue with a broadly drafted patent is that Patent Trolls can use a broad patent to apply it to many different inventions, therefore increasing the range of infringement cases.…
Market penetration strategy The company can penetrate into available market to gain larger market share. The issue of brand loyalty might happen even though a company produce same kind of product. The best way to do market penetration is to attract the competitor’s customers. Because market penetration deals with the market that has the similar product, the…
One alternative to patenting a product is trade secrets. A trade secret is any business information which provided an enterprise a competitive edge. The unauthorized use said information by persons or an entity other than the holder is regarded as an unfair practice and a violation of the trade secret (World Intellectual Property Organization, 2015). Dissimilar to patents, state law administers the protection of trade secrets. Mostly all states has embraced a deviation of the…
Have you ever been to an old hole-in-the-wall restaurant or bar on karaoke night and sang your favorite Billboard hit? Well, I have. Did you know the music and lyrics you are singing with is an act of copyright infringement if not licensed by the publisher? In fact, even if the music is coming from an mp3 player containing songs downloaded from iTunes whereas you legally “purchased” the material, you still yet must be licensed, if rights are owned, to play for your restaurant and/or bar. Additionally, ASCAP, one of the nation’s most successful publishing rights organizations, considers their music property just as any other asset. And if you use some else’s property without permission, that would be theft, right? “…the songwriter wants you to use their property – they just want you to pay for it,” Vincent Candilora, the senior vice president for licensing at ASCAP, stated. So, the use of music by these businesses is theft in the eyes of the rightful beholder, but isn’t the “improper” use of this “infringed” music a little drastic? Not to the publisher.…
This chapter opens another realm of complexity that I would be of great value to me as an engineer. Coupled with starting a new business idea is a set of rules and regulations which an entrepreneur must be weary of. Some innovation can be patented due to its uniqueness and as an incentive for encouraging more innovation. A long and sometimes tedious process is detail by Dr. Kuratko. Part of the process is keeping evidence of how you came up with an idea, in black and white. I have learned the importance of doing so in my engineering classes and through internships. Patent, Copyright and Trademark law are set to protect the original inventor from people who want derail you venture with counterfeits. Also in this chapter Dr. Kuratko defines the types of business ownership model an entrepreneur can be interested in, with corporations being the largest and most confusing to me. He also states how companies my face doom as bankruptcy and liquidation. This can be exemplified by Trump who filed for bankruptcy several times.…
“Modern trademark law in the United States stems from the Federal Trademark Act of 1946, commonly called the Lanham Act.” (Cooter & Ulen) It is discussed in Chapter 5 in the text book. The concise rule of law of this case can be found in Illinois Anti-Dilution Act, Ill.Rev.Stat. Ch. 140, § 22. In 1964, the United States Trademark Association added an anti-dilution section to its Model State Trademark Act. It can also be found in Lanham Act #43.…
Intellectual Property Kiara Rubenstein Intellectual Property (IP) is legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields. The four major components of intellectual property include; patent, copyright, industrial design, and trademark.…
There are many different types of acts of unfair competition including: • Causing confusion • Misleading…
the draft manual attempts to explain the practices of Trade Marks Registry in all the areas of…
To begin with, trademarks and patents can be aptly said as the true guardians of the inventors, budding industrialists and the people capable of performing outstanding and path breaking work. The concepts of trademarks and patents are governed under the…
How is a trademark searched and registered? trademark search: even if it is not required, it is better to see if any mark has already been registered or applied for that is similar to your mark and used on related products or for related services. A complete search is one that will uncover all similar marks, not just those that are identical.…
A trademark shall not be registered if it is identical with an earlier trade mark and the goods or services for which the trade mark is sought to be registered are identical with the goods or services for which the earlier trade mark is protected.…
A type of industrial property protection can basically be called patents. This type of protection is used to stimulate the innovation and design of new technology. It basically protects the investments made to develop new technology. Patent protection is usually given in terms, mainly about 20 years. In the article "E-Boom or E-Bust? Business Method Patent and The Future of Dotcommerce," the authors argue that State Street Bank v. Signature Financial Group caused a rush upon the U.S. Patent and Trademark Office (PTO). The evidence clearly supports such an argument. Before this State Street Bank business methods were unpatentable due to a judicial exclusion of methods of doing business. However, the court in State Street Bank, laid this exception to patent law to rest in 1998 stating that "data structures encoded in computer memory constitute patentable subject matter" (Marsden & Huffman, 2000, p. 18). This had to cause a rush on the PTO. A whole new area of commerce had become available to patent protection; a rush would be the only term sufficient to define the number of patent applications that would descend on the PTO.…
Rule Marks are trade names, symbols, word, logos, designs, or devices used to identify goods of a manufacturer. Submission of theses marks to the U.S. Patent and Trademark Office (PTO) registers trademarks. Intel is a registered trademark for an entire line of products and services. The company, Intel Corporation owns many marks incorporating its INTEL mark. Trademark infringement laws are in violation if an unauthorized use of the mark. Cheeseman (2013) stated, “Trademark infringement is the unauthorized use of another’s mark. The holder may recover damages and other remedies from the infringer.” (p. 135). Using the brand causes confusion, misconception, and mistaken identity of products. Intelsys Software LLC infringed on Intel’s trademarks, and service marks, which was a violation of the Lanham Act. The Lanham Act is a federal statute, which establishes requirements for obtaining a federal mark, and protects trademarks from infringement. (Cheeseman, 2013). Recovering from infringement can include profits made by the infringer through the use of the mark. Compensation for damages causes to plaintiff’s business and reputation. Eliminating all goods containing an unauthorized mark, preventing infringement in the future.…
Disputes such as the dispute between CBS and the cast of the Simpsons still would not fall under patents, copyrights or trademarks. Patents are for an invention to grant property rights to the inventor. A patent is valid for 20 years from the date on the application. A copyright is a protection for the authors of original work. If the dispute had been over the Simpsons and another’s use of the catchy quote “d’oh” it would have fallen under the trademark protection. Trademarks are the rights to prevent others from using similar marks, or prevent others from making the same goods or even selling the same goods under a different mark. The only way to protect a name, short phrase or other text is to register it as a trademark.…