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1pIP: Marking Your Territory: Virtual Patent Marking
United States patent law requires a patent holder to provide actual or constructive notice to the public of its utility patents in order to recover damages for infringement of a product patent. 35 U.S.C. § 287(a). Although the marking requirement does not apply to...
1pIP: Claiming Trademark Rights to Colors
Trademarks and service marks identify and distinguish goods or services sold by one person or business from those of another. They are a primary component of marketing strategies and advertising campaigns to establish and strengthen their owner’s brands. In some...
1pIP: How Can Copyrights Protect My Work?
Copyrights protect “original works of authorship.” This includes literature, music, plays, and other types of artistic works. Copyright protection arises automatically the moment that a work is created—the first time it appears in a fixed form. A copyright is the...
1pIP: What are Design Patents and How Do They Protect Your Products?
Design patents protect a product’s distinctive “look” or design against its being copied or counterfeited. They may be granted for many different types of products, including automobiles, glassware, furniture, and, most recently in the news, the shape of a smartphone....