What Happens in an IP Infringement Lawsuit, Step by Step
From the complaint through injunction motions, discovery, expert reports, and trial, an IP infringement lawsuit follows a predictable path. Here is each stage.
Tag: Intellectual Property
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Can You Use a Dead Trademark That Shows Up in a Search?
A dead trademark in the USPTO database means the record is no longer active, not that the owner stopped using the name. What to check before you adopt it.
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Work Made for Hire vs Copyright Assignment Explained
Work made for hire makes the company the author; an assignment transfers rights from the author. The difference changes duration, termination, and what to sign.
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Who Owns Your Company's IP? Chain of Title Explained
Founders, contractors and former employees often still own pieces of a company's IP on paper. Chain of title is the record that proves the company holds it.
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How Is Likelihood of Confusion Decided for Trademarks?
Likelihood of confusion is the test the USPTO and courts use to compare trademarks. The du Pont factors, the two that decide most cases, and how to apply them.
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How Do You Oppose a Trademark Application at the TTAB?
You have 30 days from publication in the Official Gazette to oppose a trademark application, or to buy time with an extension. Here is how the process runs.