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Intellectual Property

Supreme Court Uses Cheerleading Case to Support Copyright Protections for Design Features on Useful Articles

Posted on January 17, 2020

There is a fine line between a regular object that is used for practical purposes and one that has its own artistic value with copyrightable properties. One would generally expect there to be a large buffer zone between a chair and a chair with copyrightable designs such as a specific floral pattern. Unfortunately, this is not the case. Therefore, courts are forced to distinguish between useful articles with only practical characteristics and … Read More

What Types of Creative Works Qualify for Copyright Protection?

Posted on December 18, 2019

The first example of copyright law in the United States was the Copyright Clause of the U.S. Constitution. It stated that all authors would be granted exclusive rights to their respective writings in order to promote the expansion of general knowledge. As time progressed, other works of art were added to copyright law. This included paintings, designs, music and photographs. The history of copyright law since then has shown us that the … Read More

How Much Privacy Do You Have On Your Work Computer?

Posted on October 14, 2019

For the vast majority of us, spending a significant portion of our work day in front of a computer screen is rooted in our daily lives. The profound advances in technology has opened up opportunities unimaginable twenty years ago—not only do we perform work on our computers, but we have the luxury of browsing the internet, shopping online, and talking to our friends and family through various technology companies. As constant purveyors … Read More

What Is a Software Development Agreement and Who Owns the Copyright to It?

Posted on September 27, 2019

A “software development agreement” is an agreement between a customer and a developer in which the customer contracts the developer to create a specific piece of software. A common software development agreement breaks down the creation of the software into phases. This ensures that the customer is able to see the product they are getting step by step, and it also guarantees to the developer that the client is pleased with the … Read More

What Is Trademark Infringement and How Is Infringement Determined?

Posted on June 4, 2019

Trademark infringement is defined as the unauthorized use of a trademark about goods or services in a manner that is likely to cause confusion, deception or mistakes about the source of the goods or services. For a trademark owner to claim infringement, the Lanham Act specifies that three factors must be shown: use of a protected trademark, priority to use the trademark and a likelihood of confusion between the trademark and the alleged infringer. The first factor … Read More

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