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You are a start-up or small company. You are growing in size and growing in Intellectual Property (IP) legal work, but your company still does not have the funds to hire an in-house IP attorney. While your company may currently staff a few in-house corporate attorneys, their expertise is generally confined to non-IP areas of law. Consequently, they do not have the requisite experience to advise on IP strategy, nor the credentials to draft and prosecute patent applications before the United States Patent and Trademark Office (USPTO).
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By Christopher P. Bussert
This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
By Richard L. Hathaway
Recognizing that U.S. “copyright law protects only works of human creation,” the court determined that the Copyright Office “acted properly in denying copyright registration for a work created absent any human involvement.”
By Catherine Nyarady and Crystal Parker
This case has important implications not only for trademark registrations, but also potentially in determining collisions between trademark rights, rights of publicity, and freedom of speech considerations in future cases.
By Stephen M. Kramarsky and John Millson
Intellectual property laws, including copyright, patent, trademark and trade secret laws can provide avenues for companies to protect their IP. But it’s not always clear what assets are protectable and what are not.