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Employment Matters and Intellectual Property

Employment Matters and Intellectual Property (Article 6)

Non-Disclosure Agreements (NDA) or confidentiality agreements protect an employer’s intellectual property by stipulating that employees may not disclose certain, agreed-upon confidential information. Parties to NDAs should generally refrain from utilizing a standard form agreement; these contracts require tailoring to the particular needs of the business entity, the type of trade secrets and confidential information the […]

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Fitbit Litigation Demonstrates Importance of Timing for Trademark Infringement Lawsuits

Fitbit Litigation Demonstrates Importance of Timing for Trademark Lawsuits (Article 5)

In a lawsuit earlier this year for trademark infringement brought by Fitbug against Fitbit, the ruling of the court emphasized the importance of asserting trademark rights against a competitor in a timely manner. Fitbug and Fitbit are both manufacturers of activity tracking devices which allow users to obtain feedback about various personal activities, such as […]

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The Limitations of Trademark Protection for Phrases and Slogans

The Limitations of Trademark Protection for Phrases and Slogans (Article 4)

A business may seek intellectual property protection for a slogan that promotes brand recognition, increases visibility and ultimately boost sales. However, when obtaining a trademark for a slogan that identifies and distinguishes a particular business, there are specific limitations on the scope of trademark protection. The phrase or slogan must indicate the source of the […]

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What is Permitted by Fair Use Law in Copyright Law

What is Permitted by Fair Use Law in Copyright Law (Article 3)

Copyright law is intended to protect original works of authorship and is obtained immediately once the work is created in a tangible form. A substantial limitation to the exclusive rights secured by the author is the privilege of “fair use.” The “fair use” doctrine in copyright law authorizes the use of a copyrighted work in […]

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What the PATENT Act Means for Inventions

What the PATENT Act Means for Invention (Article 2)

As one of a series of patent reforms currently being debated by Congress, the Protecting American Talent and Entrepreneurship Act of 2015 (the PATENT Act) aims to address the proliferation of abusive patent practices by shoring up pleading requirements, limiting early discovery, setting new criteria for demand letters and overall enhancing transparency. The purpose of […]

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