Benjamin Appelbaum, Attorney at Law

September 2015 Archives

'Happy Birthday' in public domain following ruling

If you are reading this it is likely that at some point you have either sung “Happy Birthday” to someone or had it sung to you. Few singing the song probably considered that they were potentially infringing on a copyright.

Retailers face uptick in in copyright infringement cases

For those who create works of art being able to protect those creations is important. Copyright laws make it possible to do a variety of things connected to your creation including:

Nestlé alleges trademark confusion between Crunch and competitor

There are many things that go into making a business viable. In some cases a trademark could play a vital role. In those situations it is particularly important that the trademark is not diluted. Accordingly, when it becomes clear this is what is happening, a business needs to take steps to protect its trademark rights. This could entail enforcement options or litigating.

Seeking review of a pending, or granted, third party patent

Patents are a way to protect processes, designs and formulas that have been created by inventors, from unauthorized use by other parties. Procuring a patent is not always an easy process and the entity responsible for granting patents—the U.S. Patent and Trademark Office—may deny the application. In other situations the patent granted may not be broad enough or contain mistakes. In still other situations, you may feel strongly about an invention for which a third party is seeking a patent.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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