What Happens If I Violate the Rights of Someone Who Has a Copyright?
Intellectual Property

What Happens If I Violate the Rights of Someone Who Has a Copyright?

A person with a copyright who prevails in a copyright infringement lawsuit is entitled to damages. Damages may either be the plaintiff’s actual damages in addition to the defendant’s profits from infringing, or if the plaintiff prefers, damages allowed by statute. Actual Damages Actual damages could include profits the plaintiff lost due to the defendant’s…

Consequences of Trademark Infringement in MN
Intellectual Property

Consequences of Trademark Infringement in MN

Before understanding the consequences of trademark infringement, it is helpful to understand the purpose of trademarks. The benefit of obtaining a trademark is that it grants an exclusive right to the owner of the trademark to use that mark in the marketplace. Having an exclusive right also grants a person the right to prevent others…

Copyrights FAQ
Intellectual Property

Copyrights FAQ

What does a copyright protect? Ideas may not be copyrighted, even if original. However, the expression of original ideas may be copyrighted. There are a number of consequences for infringing on another person’s copyright. Reason for Copyrights The purpose of copyrights is to incentivize individuals to create new works or new expressions of ideas. A…

Minnesota Trademark Infringement Defenses
Intellectual Property

Minnesota Trademark Infringement Defenses

Defenses to trademark infringement allegations include: the trademark is invalid, the trademark has been abandoned, or the mark is not distinctive. A registered trademark is invalid if the registration of the trademark or the incontestable right to use the trademark was obtained fraudulently. A trademark, whether registered or unregistered, is invalid if the mark has…

The Harm Caused by Trademark Infringement & Available Remedies
Intellectual Property

The Harm Caused by Trademark Infringement & Available Remedies

Trademarks are a valuable part of business today. Trademarks inform the world of the source of a product or service. We consider trademarks daily in our consumer needs. Scandals arise in the news about companies and then those companies expend great efforts to reestablish their reputations. This is because once their reputations are damaged, fewer…

Is My Trademark Too Similar to an Existing Trademark?
Intellectual Property

Is My Trademark Too Similar to an Existing Trademark?

Trademarks protect the originator of a particular mark from its use by others. Goods and services may be trademarked. Once something is trademarked, only the person with the trademarks may use that mark. Others may not. Additionally, others may not use a mark so similar to an existing trademark that the new mark could be…

Maintaining Trademark Registration: How to Maintain Trademark Registration
Intellectual Property

Maintaining Trademark Registration: How to Maintain Trademark Registration

Begin with Registration There are benefits to registering a trademark. Those benefits are largely obtaining a presumption that you own exclusive rights to that mark. In a lawsuit for trademark infringement, the holder of a registered trademark does not need to prove that the registered trademark is valid. The person challenging the validity must prove…

Trademark Law Basics | Protect Intellectual Property Using Trademarks
Intellectual Property

Trademark Law Basics | Protect Intellectual Property Using Trademarks

What is a Trademark? Trademarks are used to gain recognition by the public, or a subsection of the public, of a particular good or service when a person comes into contact with the trademark. A trademark is a word, name, symbol, device, or combination of these that indicates the source of a good or service….

Can a Generic Term be Trademarked?
Intellectual Property

Can a Generic Term be Trademarked?

Every trademark attorney knows that a generic term cannot be trademarked. However, using a small exception to that rule, Best Buy registered a federal trademark in “best buy,” even though a court had previously ruled that “best buy” was generic. For a great summary of the situation, read Best Buy, Resurrected From the Trademark Graveyard?…