Trademarks identify to the public the source of particular goods or services. A trademark is any distinct word, phrase, symbol or picture, or combinations thereof, that identifies and sets apart the goods of a specific business or organization.
Patents protect the utility of new and useful inventions as well as ornamental designs of articles of manufacture. In particular, utility patents cover machines, products and processes (including methods of doing business), and design patents protect the visual impression or “look†of an article of manufacture. A patent enables its holder to prevent others from …
A copyright protects the tangible expression of ideas, but not ideas themselves. A copyright will not protect any process, system, concept, principle or discovery (which generally are the subject of patents). For example, a copyright will protect the expression of a computer program as embodied in its operational software and/or on a website. It will …
Archer & Greiner, P.C. (“A&Gâ€) is strongly committed to protecting the privacy of visitors to this site. The purpose of this privacy policy is to inform you, as a visitor to this site, what kinds of information we may gather about you when you visit, how we may use that information, and to whom, if …
The law governing ownership of invention, trade secret and patent rights between employers and employees is premised on a few well-settled principles. As a general rule, an employee retains ownership of any invention or trade secret conceived and/or reduced to practice while in the course of his or her employment.
The tragic events of 9/11 and Hurricane Katrina were not only horrific human tragedies, but also served as warnings to businesses to revisit their own disaster recovery plans. According to published reports, in many instances the difference between those companies forced to close their doors, and those able to continue doing business, was well planned …
The Supreme Court’s decision in MedImmune v. Genentech, 127 S.Ct. 765 (2007), permitted MedImmune to challenge Genetech’s drug patent before breaching its patent license with Genentech. Historically, breach of a patent license restrained licensees from challenging patents on invalidity grounds since patent holders could retaliate against those who willfully breached a patent license with an …
Mark Sever and Debbie Hays were invited to speak at the November 2006 Invention to Venture Forum. Please click on the link below to view a copy of their PowerPoint presentation.  Technology-Business-Legal Some Critical Intersection
With larger numbers of common language trademarks working their way into our daily lives, normal communication would become very difficult if courts gave absolute property rights to trademark owners. Section 33(b)(4) of the Lanham Act outlines the fair use defense to trademark infringement.
The International Trade Commission (ITC) was created under the 1930 Tariff Act to prevent U.S. merchandise knockoffs from entering the country in violation of patent rights. U.S. companies with foreign manufacturing operations can fall into the commission’s jurisdiction.