Trademark Services in St. Bernard County
Does copyright law protect my photos posted on social media?
U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.
What does a St. Bernard design patent protect?
Whereas a utility patent covers an invention itself including the way it functions or its mechanical structure, a design patent protects only the appearance and design of the object. Put differently, a utility patent protects the way an invention is used and how it works while a design patent protects how it looks. Design patents may be obtained only where the ornamental features of the invention predominate over its functional features. An invention that is primarily utilitarian in nature is generally not protectable by a design patent. A design patent affords the patent holder the right to prevent others from making, using, or selling a product that resembles the patented product closely enough that an “ordinary observer” might confuse the infringing product for the patented one.
How do I protect a name?
You can protect your business or product name from being used or diluted by a competitor with a trademark. A trademark is an intellectual property right that gives you the right to exclude others from using your name in a confusingly similar manner. There are several ways to acquire a trademark, including through state agencies or simply through use in commerce, but the way to obtain the greatest amount of protection is to register your name with the U.S. Patent and Trademark Office (USPTO). A St. Bernard County trademark attorney can help you file a federal trademark application, and if granted, you will have the right to enforce your trademark throughout the entire United States. You will also have a legal presumption that you own the trademark. Anyone who sues to challenge your trademark will bear the burden of proving otherwise.
How can a copyright attorney help your company avoid St. Bernard copyright infringement?
Copyright infringement occurs when a business or person engages in the unauthorized use or reproduction of a copyright protected work. Intellectual property law is continually changing and while the rules and statutes at issue remain the same, the implementation of the law often does not. This is especially true on the internet, where a work’s copyright protection is not always obvious and emerging technology, like generative artificial intelligence, tests the boundaries of existing intellectual property jurisprudence. Copyright attorneys, like those at Axenfeld Law Group, can help keep your company abreast of these changes to avoid potentially infringing conduct. To the extent your company is faced with a lawsuit for copyright infringement, St. Bernard copyright attorneys can also defend you against these allegations and/or work with the copyright holder to negotiate a mutually beneficial resolution.
What is a registered St. Bernard County patent attorney?
A registered patent attorney is an attorney who is, in addition to their state law license, also licensed to represent clients before the U.S. Patent and Trademark Office (USPTO). Generally, only practitioners who are specifically qualified by the USPTO may file and prosecute patent applications. In order to be registered by the USPTO, a patent attorney must have a Bachelor’s degree or higher in a technical field (e.g. engineering, physics, chemistry, biology) and must pass a special USPTO exam, often called the “Patent Bar,” separate from the bar exam that all lawyers must take. Not all patent practitioners are lawyers; patent agents are practitioners who are qualified to file patent applications but are not licensed to practice law. Unlike patent agents or unregistered attorneys, a registered patent attorney can both render legal advice and also file and prosecute patent applications.
Five different types of Utility Patents in St. Bernard County
A utility patent is a legal protection granted to investors for new, useful, and non-obvious inventions. There are five major types. A “process patent” is a protection granted to anyone who invents or discovers a new and useful process, which can include chemical, industrial, or technological processes. A “machine patent” protects mechanical devices or combinations of mechanical elements that work together to produce a certain effect or result. A “manufacture patent” protects the method with which a new or original product is manufactured. A “composition of matter patent” covers new and useful compositions of matter, whether they be chemical compounds or mechanical mixtures, and include gases, fluids, powders, or solids. Finally, an “improvement patent” protects the distinction between a new product and previously existing products of a similar type.
