Intellectual Property
| Expert Testimony in Trademark Infringement Actions |
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| There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert's methods are not based on sufficient facts or data, are not reliable, or are not applied reliably to the facts of the case. More... |
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| Works of Authorship under the Copyright Act |
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| The Copyright Act uses the phrase "works of authorship" to describe the types of works that are protected by copyright law. This phrase is purposefully broad to avoid the need to rewrite the Copyright Act every time a new "medium" was discovered. Congress included a list of eight works of authorship in the Copyright Act as follows: More... |
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| Reproduction Rights |
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| The reproduction right is one of the exclusive rights granted to the owner of a copyright by the Copyright Act. Under this right, no one other than the copyright owner may make any reproductions or copies of the work. Under the Copyright Act the copyright owner has the exclusive right to reproduce the copyrighted work or to authorize its reproduction. Examples of unauthorized acts which are prohibited under this right include photocopying a book, copying a computer software program, using a cartoon character on a T-shirt, and incorporating a portion of another's song into a new song. The Copyright Act covers reproduction in any form. More... |
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| The Federal Trademark Dilution Act of 1995 |
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| The Federal Trademark Dilution Act of 1995 serves to broaden the rights granted to famous trademarks under the Trademark Act of 1946 (also known as the Lanham Act). It strengthens the protection that famous trademarks are given by prohibiting dilution of the famous trademarks by third parties. More... |
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| What is Intellectual Property? |
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| Intellectual property is merely a special class of property that differs from ordinary personal or real property that you can see or touch; the only real difference is that intellectual property is created by the property owner's mind. Various statutes, both state and federal, have been enacted to protect the rights of intellectual property owners in their property.
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