Intellectual Property

In this video, you get answers to these questions: Is it better to register a trademark through your state or through the U.S. Federal Government Patent Office? Why is federal registration the best option? Transcript My name is Aaron Hall. I’m an attorney in Minneapolis, Minnesota. Clients often ask me, “Should I do federal or…

Minnesota trademark attorney Aaron Hall explains the issues faced by those who register an abandoned trademark. Clients often ask me if they can register a trademark that has been abandoned. Typically they mean they went on the USPTO website, they looked at the trademark there, and they identified that it was named abandoned, or under…

In the course of carrying out a business, there is undoubtedly going to be some information that a business owner is going to want to keep strictly within the business. This information is valuable to the company and could dramatically harm a business if competitors were to get their hands on it. There are many…

Any website that allows users to post or upload images, audio, video, or text content may be concerned about being liable for illegal content such as copyright infringement, illegal porn, or other illegal content. This affects website owners, internet service providers, SaaS companies, social media, and hosting companies. Fortunately, there is a relatively easy way…

Ecommerce websites often sell generic versions of a manufacturer’s product. These might be replacement parts, compatible parts, or another product that works with the manufacturer’s brand name product. Obviously, manufacturers will make more money if consumers buy directly from the manufacturer rather than some online generic or compatible version. So manufacturers often threaten, through their…

This article explains whether RSS feeds are copyrighted. In short, the answer is YES. What is RSS? Websites are norally accessed with a web browser. RSS is a technology that allows a webpage (blog, etc.) to be accessed without a web browser. RSS can be accessed by many tools, including an RSS reader, which is…

I have represented a number of defendants in cases involving claims that they illegally downloaded a movie, video, music, or software. The following outlines the process involved in these illegal downloading cases and what to do about them if you find yourself defending claims that you illegally downloaded copyrighted material. Illegal Download Lawsuit Process The…

Nominative Fair Use Overview “Nominative fair use” is one exception to the general rule that you may not use another’s trademark in commerce. That is, use of another’s trademark is allowed under the nominative fair use doctrine. Nominative fair use, by definition, is not trademark infringement because such use is not likely to confuse consumers….

The reason that everyone must register a copyright is simple: In general, you cannot sue for copyright infringement unless you have a registered copyright. You Cannot Sue for Copyright Infringement of an Unregistered Copyright Copyright law is unique. By simply creating something with artistic value, you own a copyright to that artistic work. However, you…

A Minnesota employee or independent contractor who conceives of a successful trademark or trade name may conclude that the mark is personal, not employer, property. As a matter of law, however, if the employer has used the mark, the employee has little or no claim to ownership of it. Unlike patent law, rights in trademarks…

Although rules of ownership applicable to copyrighted works are established by statute under the federal Copyright Act, ownership of inventions is generally governed by applicable state law, which may vary from jurisdiction to jurisdiction. Absent an agreement to the contrary, the law vests ownership of inventions in the inventing party, whether that party is an…

  To be protected under the federal Copyright Act, a work must be an original work of authorship, fixed in any tangible medium of expression now known or later developed, from which the work can be perceived, reproduced, or otherwise communicated, with or without the aid of a machine or device.64 The phrase, “original work…

In a world of global trade and instantaneous communication, the best investment a business can make may be in intellectual capital, and its greatest source of wealth may be knowledge. Intellectual capital is likely to be developed by employees paid to think and to apply their ingenuity and talents for the benefit of employers. To…

This Cease and Desist Letter is written from the perspective of an attorney representing a client who has been slandered. Because every case of slander is different, this cease and desist letter slander template should not be used without first consulting with an experienced defamation attorney. Cease & Desist Slander Letter Free Download Cease and…

This Cease and Desist Letter provides a starting point for dealing with trademark issues. Every trademark dispute is unique and this trademark infringement cease and desist letter template should not be used without first consulting with an experienced intellectual property attorney. Cease and Desist Trademark Infringement Free Download: Cease & Desist Trademark Infringement Free Download…

Assignment Of Patents And Inventions An employer may require an employee, as a condition of employment, to assign the employee‘s rights in certain inventions to the employer. Under state law, such an assignment must exclude inventions for which no equipment, supplies, facilities or trade secret information of the employer were used, and which were developed…

Item 13: Trademarks Consistent with the UFOC Guidelines, Item 13 of the amended Rule requires franchisors to disclose whether each of its principal trademarks is registered with the United States Patent and Trademark Office (“PTO”), as well as application, renewal, and other related information. If not, Item 13 mandates the following prescribed statement: We do…

Commonly Asked Questions Concerning Intellectual Property What is the difference between a design patent and a utility patent? A utility patent covers the concept or idea behind a device or process, whereas a design patent protects only the appearance of the article. After issuance, a utility patent has a term of 20 years from the…

Trade Secret Protection A trade secret is any formula, pattern, device, process, tool, mechanism, or compound of peculiar value to its owner (and his or her employees) which is not protected by a patent and is not known or accessible to others. Trade secret protection is governed exclusively by state law, but for all practical…

Fair Use Other people can use (copy, perform, display, etc.) a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research without infringing the copyright. Fair use is determined on a case-by-case basis. Whether a use is indeed a “fair use” depends largely on the effect of the use upon the…

Copyright Protection A third type of intellectual property is the copyright. A copyright protects literary and artistic “expression” as well as other types of informative media that derive their value from the particular manner in which the information is expressed. Books, musical works, plays, computer programs, paintings, sculptures, and movies are among the types of…

Trademark Infringement A trademark can be infringed even if the infringer is not using an identical mark. Trademark infringement occurs when another trademark is confusingly similar to the original trademark. Whether the two trademarks are confusingly similar depends on a number of factors, including: The existence of actual confusion in the marketplace between the trademarks;…

The Federal Trademark Registration Process The registration of a trademark is not a mere formality. The applicant must first have used the trademark in association with goods or services in interstate commerce. The application process involves filing with the United States Patent and Trademark Office a fee, specimens of the trademark as it is actually…

Trademark Selection The selection of a trademark can be very important in terms of the trademark owner’s ability to obtain registration and prevent others from using the mark. Trademarks can generally be classified into four basic categories: (i) generic, (ii) descriptive, (iii) suggestive, and (iv) arbitrary. A generic trademark is really not a trademark at…

Finding Someone To Manufacture And Distribute Your Invention Minnesota to disclose how many individuals who have come to that service for help have made money on the invention after contracting for the service. This number is usually quite small, such as 1 out of 500 or 1,000 people. If the service refuses to provide you…

A Patent Is Not A Guarantee That The Patented Invention Does Not Infringe Other Patents The issues of patentability and infringement are entirely separate. A patent granted by the U.S. Patent Office confers upon the owner the exclusive right to exclude others from “making, using, and selling” the patented invention. The issuance of the patent…

Enforcement Of Patent Rights A patent entitles the patent owner to prevent others from making, using or selling the patented invention within the United States for the term of the patent. While others may make the patented invention outside of the United States, they are not permitted to sell or use the patented invention within…

Cost To Obtain Patent Protection The expenses associated with obtaining patent protection fall into two general categories: patent attorney fees and government fees, both of which are discussed below. Patent Attorney Fees Patent attorney fees include the cost of (i) drafting the patent application, (ii) completing the necessary formal documents, and (iii) drafting responses to…

Experimental Use A patent will be denied if an invention was in public use or on sale more than one year prior to the date of application. However, there is an exception to this rule known as “experimental use.” The “experimental use” exception permits some public use of the product by an inventor in order…