Section 101 of the Patent Act, establishes the foundation for what constitutes patentable subject matter in the United States. The seemingly straightforward language – “Whoever invents or discovers...
When businesses discover that competitors are using confusingly similar marks, the immediate instinct is often to file a trademark infringement lawsuit. However, before rushing to court, trademark...
Copyright cases require plaintiffs to prove specific elements to establish a valid claim. Understanding these requirements is necessary for both copyright holders seeking to protect their work and...
The zone of interest test is a component of the standing analysis in trademark litigation, serving as a gatekeeper to determine which parties may pursue claims under the federal Lanham Act. This...
The doctrine of foreign equivalents represents one of the more nuanced areas of trademark law, sitting at the intersection of linguistic analysis, consumer perception, and legal precedent. This...