Houma Trademark Attorneys & Lawyers

Updated June 26, 2020:

What Are International Patent Applications?

International patent applications, called a PCT application, is part of how to patent an idea and is the first step in letting you get exclusive rights to your inventions in countries around the world. These patents offer more protection than a patent in the United States alone. The World Intellectual Property Organization (WIPO) administers the PCT. This patent application gives you

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What Is the Doctrine of Equivalents?

The doctrine of equivalents is a legal method for a patent owner to file an infringement claim even though the original product is not completely identical to the infringing product. 

There are a variety of ways for patent holders to protect their intellectual property. One of these methods is called the "doctrine of equivalents" (DOE). The doctrine of equivalents lets a patent holder sue for infringement if the product in question isn't exactly the same as the original. This prevents someone from making minor changes to a product in order to avoid an infringement case. 

In these cases, the Court will examine whether the infringing product is for the same purpose or completes the same function as the original product. If the product is found to be equivalent in these ways, then the patent holder will win their claim. 

This doctrine was established in Graver Tank & Mfg.

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What is Trademark vs. Trade Dress?

A trademark offers legal protection for a logo, symbol, phrase, word, name, or design used to show the manufacturer of a product. Trade dress protects all elements used to promote a specific service or product. Examples of trade dress include packaging and the atmosphere or décor within a place of business.

The term "trade dress" comes from a 1992 court ruling and refers to the way a product is "dressed" to go to market. Since then, the term has expanded to include other elements, such as specific themes used in decoration or styling of a business location. The updated definition focuses on the total image instead of the way a product is "dressed up."

The

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Updated July 13, 2020:

What is a Trademark Domain Name?

The Ninth Circuit U.S. Court of Appeals recently ruled that a business must use its domain name to sell goods or services in order to protect the name — even if a competitor starts to use the name after you registered the domain. In other words, merely reserving a domain name isn't enough.

Without the domain name, a computer would have no idea where to look for a web page, and e-mail routers would not be able to send email. Of course, domain names are more than just addresses, since they can be selected by the "addressee" and are usually closely associated with a particular service or product.

Should I Trademark My Domain Name?

To prote

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Updated October 8,2020:

What Is Internet Law?

Internet law refers to how legal principles and legislation govern the use of the internet in all its forms. Another term for internet law is cyberlaw. Unlike other areas of the law, internet law cannot be identified as one solid, stable, and specific field of practice. Rather, it incorporates and applies principles from several traditional fields, such as privacy law or contract law, that predate the internet.

Internet law can include the following:

• Laws related to the creation of websites
• Laws governing Internet Service Providers
• Laws related to how trademarks are used online

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