In April 2011, Apple sued Samsung for infringement of design and utility patents, trademarks, and trade dress. See Apple Inc. v. Samsung Elecs. Co. Ltd., No. CV 5:11-cv-01846, 4 (Fed. Cir. 2015). Apple alleged that certain Samsung products copied Apple...
intellectual property
(LIIBULLETIN preview)
The doctrine of laches is an affirmative defense that bars claims by those who unreasonably delay bringing a claim to court, because allowing the claim would unjustly harm the defendant. The Patent Act sets a six-year time limit for the recovery of...
(Wex page)
Under the Copyright Act, a sound recording is defined as a work consisting of a series of musical, spoken, or other sounds, fixed in a tangible medium (e.g. a disk, tape, or phonorecord). However, the sounds accompanying a motion picture or...
(LIIBULLETIN preview)
TC Heartland is an Indiana limited liability company, headquartered in Indianapolis, which manufactures and sells liquid beverage enhancer products. See Brief for Petitioner, TC Heartland, LLC D/B/A Heartland Food Products Group at 16–17. In 2014,...
(Wex page)
Overview
The Uniform Trade Secrets Act ("UTSA") is a piece of legislation created by the Uniform Law Commission (ULC), a non-profit organization. The USTA defines trade secrets and describes claims related to trade secrets. To date, 47 states and the...
(Wex page)
Overview
Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. Trademark law is a federal issue, and as such, the...
(Wex page)
When a work is deemed to be "made for hire," the employer (and not necessarily the employee-creator of the work) is deemed to be the author and therefore owns all rights associated with the work under copyright law.
The...