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STATE TRADEMARK VS. FEDERAL TRADEMARK

Trademark rights are obtained simply by having a distinctive word, phrase, or symbol that indicates a product. No registration is needed to have basic trademark rights under the common law. However, if the distinctive phrase or logo is gaining recognition, applying for a trademark may be necessary to ensure full…

FAIR USE OR INFRINGEMENT?

When a copyright is obtained, the owner has the exclusive right to use and distribute all copies of the material. Any other use of the copyrighted material may be considered copyright infringement. However, there are instances where the use of copyrighted materials can be justified due to limitations on the…

THE IMPORTANCE OF INTELLECTUAL PROPERTY IN BUSINESS

Intellectual property is becoming an increasingly important business asset. Intellectual property refers to innovations in the form of copyrights, patents, and trademarks. Examples of intellectual property include novel inventions, artistic works, literary works, and distinctive signs pertaining to a company. Protecting intellectual property allows a company to grow by sharing…

INCORPORATING A BUSINESS

When starting a business, it is important to research the different types of business entities to determine which one is best suited for your business. The most popular business entity is a corporation. Incorporating your business will make the business a legally separate entity from the owner. A corporation can…

SUPREME COURT UPHOLDS PRECEDENT PROHIBITING ROYALTY COLLECTION ON EXPIRED PATENTS

On June 22, 2015, U.S. Supreme Court ruled against the inventor of a Spiderman toy who claimed that a 50-year-old precedent barred him from collecting the royalties he was entitled to. The court declared collection of post-patent royalty as unlawful and upheld the precedent set by Brulotte vs. Thys Co.…