Color Marks: The Basics Color marks represent one of the more challenging types of non-traditional trademarks. Since the landmark Supreme Court decision in Qualitex Co. v. Jacobson Products Co.,...
Introduction In copyright infringement cases, courts must determine whether one work impermissibly copies another’s protected expression. While the widely used “extrinsic test” focuses on comparing...
Patent law can be complex and overwhelming, even for experienced practitioners. In re Donald K. Forest issued by the Court of Appeals for the Federal Circuit highlights one of these challenging...
Understanding Trademark Genericism Trademark law exists to protect distinctive marks that identify the source of a particular good or service. However, when a trademark becomes so widely known that...
Copyright law broadly protects creative works and the human endeavors required to create an original work of authorship. However, creativity should not be confused with utility. A dictionary...