Prince, Andy Warhol, Fair Use and the Supreme Court
By Lee Gesmer
The photo of Prince on the left above was taken by Lynn Goldsmith in 1981. Andy Warhol used this photo to create an unauthorized series of silkscreens …
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Patent, Copyright and Trademark
Website Owners Cannot Stop Data Scraping
By Lee Gesmer
One of the mysteries of Internet law is the legality of “web scraping.”
Here are two examples: (1) Clearview AI has scraped billions of publicly available images from …
Is “Photo Embedding” Copyright Infringement?
By Lee Gesmer
If you own or manage a website you may be familiar with the process of “photo embedding” or “inline linking” an image or video on your site. Rather …
Patent Application Costs and How to Reduce Them
By Bill Hilton
The Challenge
A significant challenge faced by many early-stage companies that are interested in filing patent applications, is that a patent application must be filed prior to any public …
How To Protect Your Trade Secrets – Lee Gesmer
We find that clients are often aware of how to use patents, trademarks and copyrights to protect their intellectual property. However, they seem less confident about how to utilize trade …
When Should a Patent Application Be Filed?
In 2013, the United States converted from a “first to invent” patent system to a “first to file” patent system. Under the “first to file” system, if two inventors …
When Does My Patent Expire?
Patents can be used to protect your innovations. There are different types of patents that can be obtained through the U.S. Patent and Trademark Office (USPTO). In particular, utility patents …
What is a Provisional Patent Application?
In 1994, Congress amended the U.S. Patent Laws to create a new type of patent filing called a provisional patent application, and with this came a good deal of confusion …
How To Protect Intellectual Property
Intellectual property is an intangible asset, or a collection of intangible assets, created through the ingenuity of people in the form of their brands, innovations, original works of authorship, and …
How Trademarks Protect Your Business
A trademark can be any word, phrase, logo, or design that connects your business with its goods or services in the minds of consumers. This can include your business name, …