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March 2016 Archives

Oracle’s copyright infringement damages in Google case leaked

According to the U.S. Copyright Office, copyright protects various forms of created works from being used without the direct permission of the copyright holder. Without this type of protection, the exclusive rights to choose how to display, distribute and reproduce a created work would be available to anyone who wished to do so, which could cause the copyright holder a great deal of financial harm.  Copyright law protects many forms of original authorship, including computer software.

Pretrial injunctive relief explained

When it becomes known that a patent has been infringed, businesses do not have to simply accept the infringement until the courts run through their processes and come to a verdict. Instead, affected patent owners can seek temporary relief from the infringement. At Millstone, Peterson & Watts, LLP, our staff often recommends that our clients seek pretrial injunctive relief to prevent the infringing party from further benefiting from their patents and, as a result, further damaging our clients.

Sharing electronic media often illegal

Despite the popularity of the act, sharing electronic media, including books, movies and music, without the express consent of the copyright holder is illegal. Both California and Federal law have addressed the issue, but it remains one of the largest forms of piracy in the United States. To combat this problem, the federal government passed the Digital Millennium Copyright Act of 1998, which makes it illegal to produce and disseminate technology that is intended to help people gain access to copyrighted works in digital form without payment. However, the act does not have any bearing on works that fall outside of copyright protection.

What is patent infringement and how do I know if I’m a victim?

If you have a patent, you should be aware of what constitutes infringement of your patent and how to identify its occurrence. According to the U.S. Patent and Trademark Office, patent infringement may happen when someone makes, sells, uses or offers to sell a patented invention without the permission of the true patent owner. Additionally, patent infringement can also take place if a product or production method that is covered by a patent is imported into the U.S., again without permission of the owner of the patent. This means that you can be the victim of infringement for a long period of time without being aware there is even a problem.

Basics of the Lanham Act part 2

In a previous post we discussed some of the basic tenets of the Lanham Act, which provides trademark protection for those marks used in interstate commerce. However, the act also has provisions regarding the remedies that mark owners may pursue if and when their trademarks are infringed upon as well as provisions that may make them incontestable.

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Millstone, Peterson & Watts, LLP
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661

Phone: 916-749-1431
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