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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Updated July 13, 2020:

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 f

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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 Is Intellectual Property Law?

Intellectual property law (IP) protects the rights of any person or business who creates artistic work. Artistic work can include music, literature, plays, discoveries, inventions, words, phrases, symbols, and designs. Intellectual property law aims to encourage new technologies, artistic expression, and inventions that all promote economic growth.

Types of Intellectual Property Law

Just like the legal system protects people's physical property rights, it aims to protect people's mental labor, which we call intellectual property. There are several different types of intellectual property.

Copyrights

Copyrights protect any type of expressive art, such as writings, music, motion pictures, architecture, and other original intellectual and artistic expressions. A copyright gives the owner exclusive rights to reproduce their own work, publicly display it, perform it, and create derivat

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What Does Trademarking Goods and Services Involve?

To protect the intellectual property of your brand in relation to the goods and services you provide, it is important to obtain a trademark or service mark. Trademarking your brand in association with your goods and services gives you exclusive rights to the use of your name and logo in conjunction with these goods and services. This can include words, names, symbols, and designs or a combination of these things that identify your brand.

Obtaining a trademark is relatively simple with a few critical steps:

• Select your trademark or service mark: Create your brand name and image. Your mark should be able to be registered and protected. It should be specific and unique enough to identify the source of the goods and services. It should also be distinguishable from the marks of other providers of si

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