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September 2019 Archives

Audible files countersuit in book publisher copyright dispute

Copyright infringement disputes in Colorado and around the country often hinge on the concept of fair use. The doctrine of fair use allows material to be used without the copyright holder's consent when it is used for purposes including criticism, research, parody or commentary, and it is at the center of a lawsuit between the audio book seller and producer Audible and a group of book publishers including Penguin Random House, Harper Collins, Simon & Schuster and Macmillan Publishing.

A basic overview of what a trademark can do

A trademark is one way in which companies in Colorado and throughout the country can protect their intellectual property. Generally speaking, words, logos and graphics can be eligible for a trademark, which means that only a specific company is allowed to use it. A trademark holder can allow other entities to use it. Ideally, organizations will first ensure that a logo, word or graphic is not being used by another party before seeking a trademark.

Starting up on the right foot

Entrepreneurs living in Colorado are often excited about building new businesses. As many people know, however, startups can be prone to failure as their leadership navigates the pitfalls of precarious cash flow, a new client base and hiring an effective team. As a result, even talented business owners may find themselves struggling to keep their companies afloat.

Cannabis a growing battleground in IP law

Cannabis developers and companies might be able to protect their intellectual property by pursuing plant patents, according to one Colorado registered patent agent. The strategy is largely overlooked, at least in part because the cannabis is still a Schedule 1 controlled substance in the eyes of the federal government, making it considerably more difficult to secure patent protection from the U.S. Patent and Trademark Office. A plant patent lasts for a period of 20 years, like a utility patent, and protects every part of the relevant plant, including the seeds.

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