San Jose Trademark Attorneys & Lawyers

What Is a Copyright?

A copyright is a type of legal protection given to content creators and artists. When a person creates a story, a work of art, or a piece of software, the copyright provides legal ownership of the work. The creator receives exclusive rights to the use and distribution of the work for a set amount of time.

The United States government handles all forms of copyright protection. The nature of copyright has changed rapidly during the internet era. New kinds of content creation are now popular. Meanwhile, existing types of content have changed in form and in distribution model. Despite these novel changes, the general nature of copyright remains the same. 

What Is Eligible for a Copyright?

The following works are eligible for a copyright:

• All literary works: These include short stories, poems, newspaper articles, blogs, plays, and refer

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Updated November 27, 2020:

Patents: What Are They?

Understanding how to patent something is a part of knowing how to patent an idea. Patents are legal documents that describe, illustrate, and register your original invention, design, or discovery. There are four types of patents:

• Utility Patents: These cover things like machines, processes, and systems.
• Design Patents: These cover manufacturer designs and the way things look.
• Plant Patents: These cover plant discoveries, developments, or reproductions.
• Provisional Patents: These are p

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What is Trademark Dilution?

Trademark dilution is a legal clause that allows the company to prevent others from using such a mark in a way that would lessen the unique standing of the trademark. The Federal Trademark Dilution Act of 1995 states the owner of a trademark can take legal action against anyone who purposefully blurs or tarnishes a trademark.

What is Trademark Tarnishment?

When there is a risk the product or service, being offered by the party using a similar trademark, is inferior, tarnishment is possible. This means the trademark holder could be at risk for damage to their reputation.

What is Trademark Blurring?

If the use of certain symbols, language or other mark which could cause consumers confusion

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Updated July 7, 2020:

Copyrights: How to Obtain a Copyright

Registering a copyright with the U.S. Copyright Office allows you to file a lawsuit and take someone to court for violating your copyright. You must have registered that copyright first, otherwise, you cannot file a lawsuit. The following task list walks you through the copyright registration process using the U.S. Copyright Office electronic filing application.

A Guide to Copyrights and How to Obtain One

Registering a copyright with the U.S. Copyright Office helps to protect your intellectual property and allows you to file a lawsuit and take someone to court for violating your copyright. You must have registered that copyright first otherwise you cannot file a lawsuit. The following task list walks you through the copyright registration process using the U.S. Copyright Office electronic filing app

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What is Trademark vs. Patent?

A trademark protects a symbol, name, word, logo, or design used to represent the manufacturer of goods. A patent gives property rights to an inventor for a new product, preventing others from making an identical product. Many companies use both to protect intellectual property, although the two are not interchangeable.

What sets a trademark apart from other legal protections is that it only covers a single mark. That protection might be part of a logo, a symbol, a phrase, a word, or a design. But a trademark does not extend any protection to the products manufactured by the company that owns it. Another business or person can legally produce the same goods or o

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