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Trademark protection depends on use in commerce, not registration. Both registered and non-registered trademarks are eligible for protection under the Lanham Act. However, registration (on the "Principal Register") affords several advantages: Nationwide trademark rights; A registered mark is presumed to be a valid trademark
In 2017, the US Supreme Court granted certiorari in the case Star Athletica, L. L. C. v. Varsity Brands, Inc. to determine when a "pictorial, graphic, or sculptural feature" incorporated into a useful article is eligible for copyright protection, [13] holding that such features are eligible for copyright protection "only if the feature (1) can ...
Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. [ 74 ] [ 6 ] A strong trademark is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive ...
Every small business has some form of intellectual property associated with it. Intellectual property, or IP, is a valuable company asset. It comes in four types: trademarks, copyrights, patents ...
There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one of the following:
Furthermore, the clause only permits protection of the writings of authors and the discoveries of inventors. Hence, writings may only be protected to the extent that they are original, [ 7 ] [ non-primary source needed ] and "inventions" must be truly inventive and not merely obvious improvements on existing knowledge.
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