August « 2010 « Insights and Perspectives

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August 20th, 2010 by rrm407

Please read our latest newsletter at http://www.mkgip.com/newsletters/index.html

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Make Your Drinks Cool??

August 20th, 2010 by rrm407

In these sweltering August days, it’s always nice to relax with a cool drink loaded with ice.  What’s that you say?  It would be even better if your drink was more fun!  Well, rest easy, inventor Cheng Feng Liu of China is way ahead of you.  Mr. Liu has patented the Battery Powered Illuminated Ice [...]

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Reader’s Corner

August 20th, 2010 by rrm407

One of our readers has asked the following question: A musician obtains a copyright on a sound recording (music and lyrics) when it is placed on a tangible medium and includes the phrase “copyright/authors/name/date of creation/All Rights Reserved.  Registering the copyright does not give you a “copyright” that carries more legality than the first scenario [...]

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Classes of Works Designated as Exempt from Prohibition Against Technology Circumvention

August 20th, 2010 by rrm407

   Section 1201 of the copyright law (17 U.S.C. §1201(a)(1)) requires every three years that the Librarian of Congress determine whether there are any classes of works that will be subject to exemptions from prohibition against the circumvention of Digital Rights Management (DRM), which is a form of technology that controls access to a copyrighted work.  [...]

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False Patent Marking: An Update in View of Pequignot v. Solo Cup Co.

August 20th, 2010 by rrm407

 As previously explored in this column, there are benefits and pitfalls to the marking of patented products.  While not required under U.S. Patent law, marking is beneficial in providing constructive notice to others that the product is patented and damages for infringement may accrue from the date of constructive notice.  Failure to mark a patented [...]

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Developments In The Mens Rea of Inducement of Patent Infringement

August 20th, 2010 by rrm407

The United States Constitution states that “the Congress shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”  U.S. Const. Art. I, Sec. 8, Cl. 8.  These principles were codified in U.S. patent law which [...]

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Is Budweiser Still the King of Beers?

August 20th, 2010 by rrm407

Anheuser-Busch filed its first U.S. application for registration of their “BUDWEISER” trademark for beer in 1905 and claimed an 1876 date of first use of the mark.  Since then, Anheuser-Busch has obtained scores of registrations for the “BUDWEISER” trademark in the U.S. and in many foreign countries.        However, the European Union’s High Court refused Anheuser-Busch’s [...]

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USPTO Releases Interim Guidelines

August 20th, 2010 by rrm407

 In June of this year, the Supreme Court of the United States handed down the ruling in the case of Bilski v. Kapos, which as we all hoped, would have provided a clear definition, or test, of what is considered to be patentable subject matter. Unfortunately, the Bilski decision provided little guidance.       The Supreme [...]

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