| Works of Authorship under the Copyright Act |
| 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... |
| Slogans as Trademark Subject Matter |
| Slogans, which are catch phrases used mainly in advertising and promotion, qualify for legal protection and federal registration if they are used and function as trademarks. Nothing in the Lanham Act disqualifies them from protection, but they must signify the source of the goods or services and distinguish them from the goods or services of others to be eligible.More... |
| Copyright and the Commerce Clause |
| The Commerce Clause of the U.S. Constitution gives Congress the authority "to regulate commerce with foreign nations, and among the several states." Starting at the time of the New Deal, the courts have read that clause expansively, saying that it gives Congress the authority to regulate virtually anything that affects interstate or foreign commerce. Federal trademark protection gets its authority from the Commerce Clause, and trademarks are protected as long as they are being used.More... |
| Trademark Registration |
| It is not necessary to register a trademark because rights in a mark may be established based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides the following advantages:More... |
| Plant Variety Protection Act |
| United States patent law has provided patent protection for new varieties of asexually reproduced plants since the 1930s. Congress passed the Plant Variety Protection Act (PVPA) in 1970 to "encourage the development of novel varieties of sexually reproduced plants and to make them available to the public." More... |
Law Offices of John A. Case, Jr.
Intellectual Property Newsletter
