| Patent Claims and the Definiteness Requirement |
| An applicant for a patent must include in the specification accompanying the application for the patent one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his or her invention. Patent claims serve two functions. First, they define the invention for the purpose of applying the conditions of patentability, the statutory bars, and the disclosure requirements. Second, they define the invention for the purpose of determining infringement.More... |
| Passing Off |
| In "passing off" a seller associates another party's mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual property right. Where a second business does something so that the public is misled into thinking that the activity is associated with a first business and as a result the first business suffers some damage, then it may be possible for the first business to sue the second business for passing off. One area where passing off might apply is where a second person uses an unregistered trademark normally used by a first person and in so doing passes off, or represents, goods or services in such away that the public is deceived into thinking the goods or services are being offered by the first person. This area of law arises out of the common law rather than statuteMore... |
| Indirect Patent Infringement |
| Patent rights are created by federal law and give an inventor the right to exclude others from making, using, selling, offering for sale, or importing a patented invention without the inventor's permission for a limited period of time. The making, using, selling, offering for sale, or importing of a patented invention without the inventor's permission is said to directly infringe the patent, for which the patent owner may be able to recover a remedy. Patent law also provides for indirect infringement of a patent.More... |
| Sound as Trademark Subject Matter |
| A trademark is a device which can take almost any form, as long as it is capable of identifying and distinguishing specific goods or services. A trademark may be a word, name, symbol, or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A sound may be a trademark or a service mark that consists of sounds, rather than visual images or words. The sound functions as a source identifier for goods and/or services in commerce. Sound marks may even be superior to word marks among certain audiences, since the mark is perceived aurally rather than visually. New technology is providing increased opportunities for trademark owners to use sound marksMore... |
| The Basics of Trademarks |
| What is a trademark?More... |
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