Section 101 of the Patent Act, establishes the foundation for what constitutes patentable subject matter in the United States. The seemingly straightforward language – “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor” – has generated decades …
Understanding Trademark Ownership
When businesses discover that competitors are using confusingly similar marks, the immediate instinct is often to file a trademark infringement lawsuit. However, before rushing to court, trademark owners must ensure they can satisfy a fundamental requirement: proving actual ownership of the trademark in question. Under the Lanham Act, the federal statute governing trademark law, establishing …
Understanding the Elements of a Copyright Infringement Claim
Copyright cases require plaintiffs to prove specific elements to establish a valid claim. Understanding these requirements is necessary for both copyright holders seeking to protect their work and defendants facing allegedly infringing allegations. This post examines the fundamental elements of copyright infringement, focusing on the analysis of the copying requirement. Because the Court of Appeals …
The Zone of Interest Test in Trademark Law
The zone of interest test is a component of the standing analysis in trademark litigation, serving as a gatekeeper to determine which parties may pursue claims under the federal Lanham Act. This doctrine, refined through U.S. Supreme Court and Federal Circuit decisions, continues to shape the landscape of intellectual property disputes. Lexmark In Lexmark International …
Understanding the Doctrine of Foreign Equivalents in Trademark Law
The doctrine of foreign equivalents represents one of the more nuanced areas of trademark law, sitting at the intersection of linguistic analysis, consumer perception, and legal precedent. This doctrine can make or break trademark applications containing foreign-language terms, making it essential for both practitioners and consumers alike to understand both its theoretical foundations and Federal …
Understanding the Originality Requirement in Copyright Law
Copyright law protects original works of authorship, but the definition of “originality” often creates layers of confusion among creators and authors (referred to as “authors”). At its core, the originality requirement establishes a threshold of creativity that must be met before a work qualifies for copyright protection. The Baseline for Originality Originality is the “bedrock …
Why Did Trump Fire the Register of Copyrights?
The Controversy In late May 2025, President Trump fired Shira Perlmutter, who led the U.S. Copyright Office. This was just days after he also dismissing the Librarian of Congress, Carla Hayden. The timing of Perlmutter’s termination sparked significant controversy due to her firing in proximity to the Copyright Office’s release of a major report on …
Understanding the False Suggestion Doctrine in Trademark Law
The false suggestion doctrine is a limitation on trademark registration, designed to protect the public from misleading associations with recognized entities or symbols. Overview Section 2(a) of the Lanham Act prohibits the registration of trademarks that “falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols.” This provision serves as a …
IP for Content Creators
In today’s digital economy, subscription-based content platforms like OnlyFans, JustforFans, Vimeo, Patreon, and YouTube have created unprecedented opportunities for creators to monetize their work directly to the consuming public. However, these opportunities come with complex intellectual property (IP) considerations that content creators must understand to protect their rights and avoid potential legal issues. Copyright Fundamentals …
Understanding Genericide of Color Marks
Color Marks: The Basics Color marks represent one of the more challenging types of non-traditional trademarks. Since the landmark Supreme Court decision in Qualitex Co. v. Jacobson Products Co., single colors can serve as trademarks when they identify the source of goods or services. However, obtaining trademark protection for a color presents unique hurdles: Last …