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What is Likelihood of Confusion Between Trademarks?

Posted on Sep 19, 2016 by admin in blog news

Basic Legal Concept:  Under Section 2(d) of the Lanham Act, the Patent and Trademark Office (PTO) may refuse to register a trademark that is so similar to a registered mark as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive. Whether a likelihood of confusion exists between an applied-for mark and a prior mark is determined on a case-by-case basis applying the thirteen non-exclusive factors set forth in DuPont. Not all of the DuPont factors are relevant to every case, ...

Who Owns a Patent?

Posted on Sep 16, 2016 by admin in blog news

Question:  If an employee comes up with an invention while working for the employer, or while employee’s research giving rise to the invention was funded by employer, who owns the patent for the invention? Answer: The inventor of course! Furthermore, absent an agreement to assign rights to an invention, the invention belongs to the inventor not his/her employer. The employer is only entitled to a non-exclusive license to use the invention “shop license”. United States v. Dubilier Condenser Corp., 289 U.S. 178 (1933).

Got a non-compete agreement? It is often not enforceable.

Posted on May 20, 2015 by admin in blog news

NY Courts enforce non-competes only if: There is a legitimate business purpose, such as to protect a trade secret, and not general restriction on competition. Must be narrowly construed in terms of geography and time. Meaning geographical boundaries of the non-compete must be narrow. For example, a single locale, town or borough. Including one or more states, or entire US will probably not fly. Legitimately protect employer’s interests. These interests need to be defined. Otherwise, it will just be a simple restriction on competition. General restriction on competition is against public policy and ...

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