Los Angeles Copyright Attorneys & Lawyers

What is a Trademark Infringement Test?

The Trademark Infringement Test determines the likelihood of people confusing two companies with similar marks. If you feel like someone is using your trademark in a way that confuses your customers, there are a few tests to check for Trademark Infringement.

The tests are used as a way to protect the first person who has registered that trademark. The phrase used to decide the outcome is whether there is a "likelihood of confusion" between your business and another. The law is known as the Lanham Act 15 USC1114(a)(1).

There are two main questions that courts ask when testing for Trademark Infringement:

1. Has the person being accused of trad

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What Is Software Forensics?

Software forensics is a branch of science that investigates computer software text codes and binary codes in cases involving patent infringement or theft. Software forensics can be used to support evidence for legal disputes over intellectual property, patents, and trademarks.

Digital forensics and computer forensics are both tools used to recover computer files. Digital forensics tries to find files that are the same, and software forensics examiners focus on function.

Software forensics is especially important in patent and trade cases. In these cases, someone might have copied another person's code, but rewritten that code in a way to hide the theft. A digital forensic examiner may not have the tools or capabilities to prove a crime occurred.

The followin

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What does a Trademark Cost?

A trademark costs $400 for electronic trademark applications and $600 for paper filings, both per-class of goods or services selected registering for a federal trademark through the United States Patent and Trademark Office (USPTO).

Should You Register for a Trademark?

A trademark user can build rights for a mark by frequently using the mark in commerce. If the user relies on just common-law rights for their trademark, they won't have to pay fees to formalize rights for it. However, there are some risks. Someone else may may obtain the trademark. If a trademark user has obtained the right to use the mark in a certain geographic location, you will lose the right to use your trademark in that area. Or the trademark holder may accidentally infringe upon a mark that is

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Patent Search: What Is It?

A patent search cost can be anywhere from $100 to $3,000 depending on the complexity of your invention and covers research into existing patents and patent applications. You can use free online tools to do your own search, but an attorney can help you dig deeper. In addition to professional fees, expect to pay a government search fee after you submit your patent application.

There are a few types of patent searches:

• A novelty search compares your invention to prior art to determine if your invention qualifies for a patent, since you cannot patent something that has

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What Is a Dead Trademark?

A dead trademark is a trademark that was once registered or applied for and that the Patent and Trademark Office doesn't recognize anymore. Individuals and companies can register and use a dead trademark. When this happens, the original business can no longer use and seek protection for that trademark.

What Is a Trademark?

According to the USPTO, a trademark is a "word, phrase, symbol or design, or a combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of the goods of one party from those of others." A service mark is the same thing but refers to a

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