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September 2018 Archives

Derivative works and infringement

Movies based on novels, paintings based on photographs, even poems that consist entirely of direct transcriptions of newspaper editions: there are many examples of artistic endeavors that could be considered derivative works. Classifying them as such could open them up for arguments concerning copyright infringement. California tech companies should also be aware that many of these rules may also apply to software projects. 

Understanding trade secrets

For many California businesses, the need to protect a suite of intellectual property is an everyday reality. While most people think about things like patents, copyrights and trademarks or service marks when they consider what might be intellectual property, there is actually another type of IP to consider: trade secrets.

Patent basics

With California being a hotbed of innovation, it is not unusual for an individual or a business to consider filing for a patent. However, before rushing in to do this, it is important that people full understand what a patent can and cannot do and also that they approach the patent filing process in an appropriate and timely fashion. 

Tire company wins trademark suit against bar

Companies in California know how important their trademarked names can be. In the modern world fueled by consumer preference and social media, brand identity can be one of the biggest assets a business has. It is for this reason that entities so heavily pursue intellection property protections. One recent case would at first glance appear to not have posed a problem but upon further investigation, the potential conflict was revealed.

How do I perform a trademark search?

Many California companies routinely develop new offerings and want to ensure they can properly protect their assets related to these offerings. If you have developed a new product or service and want to trademark a name to go along with that, you will make an application to the United States Patent and Trademark Office. However, prior to submitting such an application, it is recommended that you conduct a thorough search of existing trademarks. This may help you avoid requesting a trademark that is already granted to someone else or otherwise having your application rejected.

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Millstone, Peterson & Watts, LLP
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Roseville, CA 95661

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