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Intellectual Property Archives

Court rules 'Charbucks' only minimally similar to Starbucks

Denver Starbucks coffee aficionados won't be confused by New Hampshire-based Black Bear Roastery's 'Mr. Charbucks' blend of dark roast coffee, according to the ruling by a three judge panel of the New York Appeals Court. The Court upheld a previous finding by U.S. District Court in 2011 that the use of the name 'Charbucks" was not a trademark infringement of the well-known Starbucks coffee brand in a trademark dispute that began in 2001.

Judge rules in favor of Google over book scanning project

Colorado readers may be interested in the result of a lawsuit between Google and a group of book authors and publishers over the scanning of millions of books. Though the court found for Google, an appeal of the decision is expected.

Apple claims copyright infringement for publication of contract

Colorado residents might find it interesting to hear that Apple has demanded that the small online music site Digital Music News remove a copy it posted in June of an iTunes Radio contract that the company offered to small independent record labels. According to Apple, DMN violated its copyrights in posting a copy of the contract on its website. According to a law professor at Santa Clara University, contracts being copyrighted is rare but possible.

Online advertising and trademark disputes

A recent opinion from the U.S. Court of Appeals for the Tenth Circuit in Denver, Colorado, outlines some factors that may be considered by courts in matters involving certainintellectual propertyrights. As internet advertising becomes more commonplace and competitive, courts are increasingly being asked to rule on trademark and service mark violations involving search engine and other advertising methods.

Patent laws in the U.S. and abroad

In 2008, the U.S. began negotiating with 11 other countries with the goal of producing a free trade agreement. The 12-party discussion regarding the Trans-Pacific Partnership Agreement recently entered its 19th round. According to one source, the U.S. should push to include intellectual property rights on the agenda of the meetings.

Judge: Sony did not violate copyright by using Faulkner line

More and more business owners in Colorado may be faced with protecting certain ideas, solutions or products that are crucial to the success of a company. These concepts are collectively referred to as intellectual property. State and federal laws are in place to grant rights to business owners to effectively protect these creations, but there are many times when other parties infringe on these rights by using intellectual property unlawfully.

Supreme Court: Human genes cannot be patented

We often use this blog to discuss some of the challenges that Colorado entrepreneurs face when it comes to protecting their business. One of the ways in which this can be accomplished is by patenting a specific product, process or solution. Patents and other types of intellectual properties can give rights to or ownership of an invention to one party. Patenting an invention means that it becomes publicly disclosed information, but no one else has the rights to use the patented material without permission.

Can you trademark a holiday?

Many companies have products or services that they wish to trademark in order to identify themselves as the source of the material. Business owners want consumers to have certain expectations of a product met when they purchase or use something that has been trademarked by a company. Protecting proprietary rights by applying to trademark something can be a huge benefit to companies, but it must be done so effectively, lawfully and responsibly. 

Protecting intellectual property: Publish or keep it private?

People with a new idea or invention generally want to protect their ownership of it. Companies in Colorado and nationwide will go to great lengths to hire people to develop products or solutions that give them an edge in the marketplace. When and if these ideas are realized, many of them are considered to be quite valuable and can be classified as intellectual property.

Judge rules against claims of copyright infringement

Innovation and creative solutions are some of the most valuable and desirable achievements for business owners. Many companies pride themselves on being in a position of standard-setting and originality. Protecting the ideas and products that someone creates is often detrimental to a company's success, which is why it can be crucial for business owners in Colorado to understand intellectual property laws.

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