By Alana M. Fuierer Whether it’s a creative new accessory, trendy footwear, an elegant lamp, sleek coffee machine, or the appearance of a new phone, innovative design surrounds us. Given the significant time and money invested in innovative design, the potential economic and marketplace benefit, and the variety of laws available in the United States…
By Victor A. Cardona New patents (resulting from patent applications filed after 1995) are enforceable from the date they are granted by the US Patent Office PTO until 20 years from the date they were filed. Old patents were enforceable for 17 years from the date they were granted. So in short, new-based on filing…
By Matt Hulihan A common feeling shared by what I would venture to guess is most readers of this article is a special frustration with printer manufacturers. Specifically, it’s the negative feeling we experience when it comes time to replenish the ink or toner in our printer (after a suspiciously short amount of time –…
By Victor A. Cardona A copyright owner has the right to prevent others from making copies of his work. In certain situations one may make copies without the copyright owner’s permission. There are various situations in which such a “Fair Use” applies including in an educational context. The Patent Office requires that a patent applicant…
By Thomas L. Sica “Equity aids the vigilant, not those who slumber on their rights.” It is this legal maxim that is the driving force behind the equitable defense of laches. Laches is a defense that was developed by the courts of equity which would deny a plaintiff recovery from a lawsuit which was unreasonably…
Supreme Court Issues Key Decision Regarding Copyrightability of Design Features of Useful Articles By Alana M. Fuierer and Shanna K. Sanders On March 22, 2017, the U.S. Supreme Court released its much-anticipated decision in Star Athletica v. Varsity Brands.[1] As readers of the Daily Record may remember,[2] the Star Athletica case was about whether the…
By Victor A. Cardona Question: Does a soon-to-be corporate name, DBA or web domain name protect my desired name from use by others under trademark law or do I need to take additional steps? Answer: No, the registration of your corporation name or state DBA registered pseudonym does not prevent others from using your name…
By Nick Mesiti There are generally three types of patents – utility, design and plant patents. Plant patents cover new plant breeds and hybrids. Utility patents cover the function and/or structure of processes, articles of manufacture and compositions of matter. Design patents cover ornamental designs for articles of manufacture. Thus, an article of manufacture can…
Albany Business Review December 30, 2016 – January 5, 2016 Vol.43, No. 40 They’re No. 1 – and here’s what they have to say By: Michael DeMasi Hundreds of companies strive to be No. 1 on our Lists every year. After putting together more than 80 Lists in 2016, we sat down with five leaders…
By Kristian E. Ziegler It’s one of the most instantly recognizable and iconic songs in rock music history. But was the opening guitar riff in Led Zeppelin’s “Stairway to Heaven” plagiarized? This past June, a U.S. federal jury in Los Angeles concluded that Led Zeppelin’s Jimmy Page and Robert Plant did not copy the intro…