An old film camera that I found in my Dad’s attic. I’m going to have some fun with this!
WRITINGS, RANTS, PHOTOS AND OTHER STUFF, BY VINCENT KOSTIW.
The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public.
What is a Trademark and How Do I Register a Trademark in the US?
What is a Trademark?
A trademark is a word, phrase, symbol, logo or design, or a combination of words, phrases, symbols, logos or designs, that identifies and distinguishes the source of the goods of one party from those of others.
An example is the six Coca-Cola cans on the left all in different languages, but easily recognizable as the product Coca-Cola. Why? The red can, the white ribbon, the styling of the wording, all registered trademarks that serve to identify the brand and product source.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product, such as “When it absolutely, positively, has to be there overnight” identifying brand and source of overnight delivery services by FedEx.
The terms “trademark” and “mark” are often used interchangeably to refer to both trademarks and servicemarks.
Do Trademarks, Copyrights and Patents protect the same things?
No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention or process.
Click here for copyright information.
Click here for patent information.
Is registration of my trademark required?
No. You can establish rights in a trademark based on legitimate use of the trademark. However, obtaining a federal trademark registration on the Principal Register provides several advantages: constructive notice to the public of your claim of ownership of the trademark; a legal presumption of your ownership of the trademark and your exclusive right to use the trademark nationwide on or in connection with the goods and/or services listed in the registration;
How the America Invents Act Changes US Patent Law
The America Invents Act will go into effect on March 16, 2013 and will significantly change patent law in the United States, and is the first major overhaul to US patent law in more than 60 years.
The biggest change is that US patent law will transform from a “first to invent” to a “first to file” system. The majority of the world uses a “first to file” system, as it arguably improves certainty in the patent system.
For priority purposes, only the date of filing will need to be determined, not the actual date of invention. This will create a race to the patent office for inventors and patent attorneys.
The Act also attempts to level the playing field by lowering some fees for what the Act deems “micro-entities”. Currently “small entities”, such as independent inventors, non-profit organizations, and companies with fewer than 500 employees, can qualify for a 50% reduction in filing fees. Under the new system,
Who owns your stuff when you put it in The Cloud?
I’ve been concerned with ‘cloud’ storage issues lately.
Below is an excerpt from a LA Times article on the subject.
Every service has its own terms, and what’s in there and how it’s written varies widely.
Something to note: For any cloud service to work as designed, you give the service permission to store and make copies of the content you upload — that’s how your stuff ends up everywhere you want it. The cloud copy is the master.
Google clearly states in its terms of service, which now apply to all things Google: “You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.”
But where the Google policy gets a bit murky is what you entitle Google to do by using the service: “When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content.”
By contrast, DropBox makes no claims to user content. “You retain full ownership to your stuff,” the terms of service read. “We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services.”
See the full article:
http://www.latimes.com/business/technology/la-fi-tn-cloud-privacy-rights-20120424,0,3469998.story
Have questions or need help? Get in touch with Vincent.
Cloud Computing: The Impact on Practicing Law.
The American Bar Association is producing a free CLE webinar for ABA members on May 21, 2012. The security (or lack thereof) of ‘cloud computing’ has been on my mind and should be on your mind. I look forward to attending this event. Check it out!
Here’s the link:
http://www.americanbar.org/calendar/2012/05/cloud_computing.html
Have questions or need help? Get in touch with Vincent.
