Opelika Trademark Attorneys & Lawyers

Willful Infringement: What Is It?

Willful infringement is when someone copies a claimed invention and knew the entire time that the invention was patented, thus committing patent infringement. An infringement is considered willful when:

• A defendant engaged in acts that infringed the patent or copyright
• The defendant knew those acts were in violation of the patent or copyright. They still acted as if they were ignorant of the law or had reckless regard for the patent or copyright holder's rights

Simply put, anyone who copies an invention after it has been patented on purpose has committed a willful infringement. Howev

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Updated November 18, 2020:

What Is a Trademark Specimen?

A trademark specimen is a sample of how the company and the trademark holder use the mark. The United States Patent and Trademark Office accepts different formats into evidence. In the case of products, specimens can be labels and packaging, a logo displayed on the product itself, etc. In the case of services, brochures, flyers, and advertisements can be submitted as trademark specimens.

The main purpose of submitting a trademark specimen is to prove that the logo or trademark is associated with the product or service. Specimens have to be submitted to and registered with the Pri

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Updated October 27, 2020:

What Is Trademark Licensing?

Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Trademark licensing is a type of merchandise agreement.

The licensor receives a certain amount of money or royalties, a percentage of all sales, in exchange for sharing the trademark. This compensation is also called consideration. Fashion and consumer products concerned with sports and entertainment are often sold under a tradema

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What Is an Arbitrary Trademark?

An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples. The arbitrary trademark is one of five trademark categories recognized by the USPTO. 

What Isn't an Arbitrary Trademark?

To really know what an arbitrary trademark is, it helps to understand the other four categories.

• Fanciful Tradema

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Generally, copyrights provide a monopoly on a work for the life of the author plus 70 years if the work was published in the U.S. after January 1, 1978. However, a simple question like how long a copyright will last should have a simple answer, but it doesn't. The answer depends on when the work was first published, where it was created, whether it was commissioned, and a few other factors.

Does the Creation Date Impact the Copyright Protection?

Yes. Generally speaking, copyright lasts for the life of the author plus 70 years if the work was published in the U.S. after January 1, 1978. If the work had more than one author, the “life of the author” is measured by the death of the last surviving author.

However, copyright protection can range

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