Issue 4, 
October 2002

More Information about the Intellectual Property Group 

 

 

 

 


© 2002 
Bose McKinney & Evans LLP

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 Farewell Public Domain?
U.S. Supreme Court Will Review Constitutionality of Copyright Term Extension

The Sonny Bono Copyright Term Extension Act of 1998 (CTEA) extended the term of copyright protection for all copyrights existing at the time of its enactment.  The Supreme Court will be reviewing the case to decide if the law is constitutional.  First, whether the 20-year term extension violates the Copyright Clause of the Constitution as it applies to works with unexpired copyrights when the Act took effect, and second, whether the CTEA’s 20-year extension of the term of all unexpired copyrights violates the First Amendment.
FULL STORY

International Patent Applications
Protecting Your Property Around the World 

Because of reductions in trade barriers and advances in communication and transportation, many companies have recognized the opportunities available in international trade. An important consideration in maximizing these opportunities is how to best protect a company’s advances into foreign markets.
FULL STORY

Trademarks and Service Marks:
Use ‘em or Lose ‘em
The United States is a use country. Companies gain rights in trademarks
(which identify a company’s goods) and service marks (which identify a company’s services) by using the marks on products or in promotional materials advertising services. Registering a mark with the United States Patent and Trademark Office definitely enhances trademarks rights, but without use, there generally are no rights. What is the ultimate price a company can pay for using its marks incorrectly, and allowing others to also use the marks incorrectly? The mark may be determined to be the generic name of the goods or services. If a mark “goes generic”, anyone can use it. Despite years of marketing efforts and expense, you will not be able to prevent someone else from using the term.
FULL STORY
 

This Update, a service of Bose McKinney & Evans, provides information on the issues that affect your business. For more information about the materials presented, contact your primary Bose McKinney & Evans attorney, or email us comments.  The information in this Update should not be construed as legal advice.

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