The US Patent and Trademark Office (USPTO) separates trademark applications into 45 different “classes” of goods or services when categorizing federal trademark applications. The goal of these classes is to allow various types of businesses to register their trademarks in categories that are most closely connected to their primary business. Class 11 includes appliances for… Continue reading TRADEMARK CLASS 11: Lighting, Heating and Cooking
Factors Courts Consider in a Copyright Infringement Case
Fair use is frequently determined during copyright infringement litigation. A copyright holder (the plaintiff) will accuse someone of infringing on their work (the defendant). The defendant accused of infringement can now argue that the infringement was justified under the fair use doctrine. This doctrine is based on 17 U.S. Code 107, which is part of… Continue reading Factors Courts Consider in a Copyright Infringement Case
Understanding Copyright Protection
Authors, poets, artists, and film creators, among others, have their rights to their original works protected by copyright law. A work must be “fixed in a physical medium of expression” to qualify for copyright protection. This implies that the work must exist in some physical form for at least some time, regardless of how fleeting.… Continue reading Understanding Copyright Protection
Copyright Infringement: How Are Damage Amounts Determined?
It’s understandable that you’d want to preserve your unique work, which you’ve put a lot of time and effort into making. Getting copyright doesn’t guarantee that no one will try to steal or profit from your work, but it does provide you the option of filing a copyright and trademark infringement action to stop them… Continue reading Copyright Infringement: How Are Damage Amounts Determined?
Copyright Protection: Computer Software and Application
In the 1970s and 1980s, there was a lot of debate on whether computer software should be protected by the patent system, the copyright system, or a sui generis system. Following these debates, it was decided that computer programmes should be protected by copyright, whilst apparatus including computer software or software-related discoveries should be protected… Continue reading Copyright Protection: Computer Software and Application
What is Secondary Copyright Infringement?
Secondary copyright infringement is a legal theory that allows a person to be held liable for copyright infringement, even though they didn’t engage in the actual infringement activities themselves. It involves the defendant inducing, causing, or contributing to material copyright infringement activities. Secondary copyright infringement may carry with it some strict legal consequences. It is… Continue reading What is Secondary Copyright Infringement?
How to do a Trademark Search?
What is a trademark search? The IPOPHL is used to conduct a trademark search. The search establishes whether or not a proposed trademark can be used in connection with specific goods or services. Similar wordmarks, as well as phonetically similar names in a certain class, can be found exhaustively using trademark search Philippines. How to… Continue reading How to do a Trademark Search?
How Do You Determine if a Trademark is infringing?
There is a compelling reason for companies to seek trademark registrations to safeguard their brands: money. Building a great brand necessitates a big financial investment. It’s crucial to get a return on that investment. The right of those who created the brand to see the rewards of their labor is protected through registration, rather than… Continue reading How Do You Determine if a Trademark is infringing?
Naked Licenses
A trademark owner may license their trademark to another company in exchange for royalties in addition to using it to sell their own products or services. This could be a bigger company with more capacity to produce large amounts of the product. Some trademark owners may not realize that they cannot just license their trademark… Continue reading Naked Licenses
When You Don’t Need Permission to Use Another Owner’s Trademarks?
In general, if you want to utilize a trademark, you must first get permission from the trademark owner. After all, a trademark is a valuable piece of intellectual property that is legally protected from unauthorized usage. It is widely accepted that exploiting another’s trademark for direct commercial gain constitutes trademark infringement. But that isn’t what… Continue reading When You Don’t Need Permission to Use Another Owner’s Trademarks?