News

In order to obtain copyright protection, a work must be original and fixed in a tangible medium of expression. To satisfy the originality requirement, the author must have engaged in some form of intellectual endeavor, and not mere copying, and must exhibit some form of creativity. Further, in order to […]

Copyright protection begins automatically as soon as the work is created. In other words, the author need not register the work in order to achieve copyright protection. However, in order to initiate a copyright infringement suit, registration is required. To achieve maximum protection, a copyright should be registered within three […]

If, within the scope of his or her employment, an employee creates a copyrightable work, the employer is deemed the owner of the copyright. If, however, the creator of the work is an independent contractor or if the work is commissioned, the copyright will belong to the creator of the […]

The Sonny Bono Copyright Term Extension Act, effective January 25, 1999, amends the provisions concerning the duration of copyright protection. The terms of copyright are generally extended for an additional 20 years. For works created after January 1, 1978, copyright protection will endure for the life of the author plus […]

There are three elements required for copyright notice. These elements are: (1) the word “copyright” or an approved variation (including the symbol© , (2) the name of the copyright owner, and (3) the year of first publication. When notice is placed on copies of a copyrighted work, it must “be […]

There are four basic categories of marks. These include fanciful and arbitrary marks, suggestive marks, descriptive marks, and generic terms. Fanciful marks, such as EXXON® and XEROX®, are completely made-up. Arbitrary marks in no way describe the goods or services they are meant to identify. Examples of arbitrary marks include […]

Trademark rights begin as soon as a mark is used. This protection is generally limited to the geographic area in which the actual use is taking place. To obtain protection throughout the United States, a trademark must be federally registered with the U.S. patent and trademark office. This requires use […]

A trademark search is recommended prior to use of the mark to ascertain whether the mark is likely to cause consumer confusion with an already existing mark. A search serves to ensure the validity of the mark. It is also important to keep in mind that trademark infringement does not […]

Trademark registration can last indefinitely, so long as the registration is renewed every ten years and continued use is maintained.

A trademark may be identify by placing the designation ™ adjacent to it (“sm” is sometimes used for a service mark). While this designation does not indicate that the mark is federally registered, it gives the public notice that trademark rights are claimed. The statutory notice® indicates that a mark […]