see Amendment to Allege Use.
see American Bar Association.
refers to a brief summary, usually describing an invention, book or periodical.
Accelerated Examination Support Document
refers to a condition that must be satisfied before a Patent Petition to Make Special Under Accelerated Application may be granted accelerated examination. At the time of filing, an Accelerated Examiniation Support documents must include:
- information disclosure statement (IDS) in compliance with 37 CFR 1.98 citing each reference deemed most closely related to the subject matter of each of the claims.
- for each reference cited an identification of all the limitations in the claims that are disclosed by the reference specifying where the limitation is disclosed in the cited reference.
- a detailed explanation of how each of the claims are patentable over the references cited with the particularity required by 37 CFR 1.111(b) and (c).
- a concise statement of the utility of the invention as defined in each of the independent claims (unless the application is a design application).
- a showing of where each limitation of the claims finds support under the first paragraph of 35 U.S.C. 112 in the written description of the specification. If applicable, the showing must also identify:
Acceptable Identification of Goods and Services Ma
refers to a general guide for identifications of goods and services that are acceptable to the USPTO for inclusion in trademark applications and registrations. To access the AIGSM click here
see Automated Clearing House.
see Attorney Client Privilege.
see Anticybersquatting Protection Act.
refers to an action in tort to recover damages for injury or loss resulting indirectly or consequentially from the act complained of. It is important that the loss or injury is not the direct result of the act complained of, but is indirect or consequential. In a legal sense the word case means suit but in its ordinary usage means event, happening, situation, circumstances.
refers to taxes that are charged as a percentage of the value of an asset.
see Application Data Sheet.
see Accelerated Examination Support Document.
Affiant Further Sayeth Naught
see Further Affiant Sayeth Naught.
see American Federation of Musicians.
see American Federation of Television and Radio Artists.
see Acceptable Identification of Goods and Services Manual.
see American Inventors Protection Act.
see American Intellectual Property Law Association.
see Automated Information Systems.
see American Law Institute.
refers an amendment to an Intent to Use Trademark Application asserting use of the mark in commerce under Lanham Act at any time between the filing of the application and the date the examiner approves the mark for publication. Thereafter, an allegation of use may be submitted only as a Statement of Use after the issuance of a notice of allowance. If an amendment to allege use is filed outside the time period specified it is be returned to the applicant. AN amendment to allege use must include:
- A statement that is signed and Verified or supported by a § 2.20 Declaration by a person properly authorized to sign on behalf of the applicant, that asserts:
- The applicant believes it is the owner of the mark; and
- The mark is in use in commerce
refers to a large voluntary professional organization that engages in law school accreditation, continuing legal education, legal information, lawyer's work assistance programs, and public intrest initiatives. The American Bar Association web site is http://www.abanet.org
American Federation of Musicians
refers to an organization representing the interests of professional musicians. The American Federation of Musicians seeks to assist musicians negotiate fair agreements"" and protect their ownership of recorded music. The organization engages in lobbying efforts with legislators and collective bargaining for benefits including health care."
American Federation of Television and Radio Artist
refers to labor union representing journalists, performers, and other artists working in the entertainment and news media. For the American Federation of Television and Radio Artists web site click here.
American Intellectual Property Law Association
refers to a national bar association composed primarily of Intellectual Property lawyers.
American Inventors Protection Act
refers to laws enacted on November 29, 1999, as Public Law 106-113 and amended by the Intellectual Property and High Technology Technical Amendments Act of 2002 (Public Law 107-273) enacted November 2, 2002. The American Inventors Protection Act provided an Earlier Invention Defense for business method patents, Publication of U.S. patent applications for foreign published applications, Request for Continued Examination, Patent Term Restoration, and Disclosure Requirements for Invention Promotion Firms.
refers to a work on the copies or phonorecords of which no natural person is identified as author.
refers to when Prior Art discloses each and every element of a claimed invention.
refers to information under 37 CFR § 1.76(b)(1) that includes the name, residence, mailing address, and citizenship of each applicant (37 CFR § 1.41(b)). The name of each applicant must include the family name, and at least one given name without abbreviation together with any other given name or initial. If the applicant is not an inventor, this information also includes the applicant's authority (37 CFR §§ 1.42, 1.43, and 1.47) to apply for the patent on behalf of the inventor.
refers to a sheet or sheets, that may be voluntarily submitted in either provisional or nonprovisional applications, which contains Bibliographic Data, arranged in a format specified by the United State Patent and Trademark Office. An application data sheet must be titled Application Data Sheet"" and must contain all of the section headings listed in paragraph (b) of 37 CFR 1.76
refers to data under 37 CFR § 1.76(b)(3) including the title of the invention, a suggested classification, by class and subclass, the Technology Center to which the subject matter of the invention is assigned, the total number of drawing sheets, a suggested drawing figure for publication (in a nonprovisional application), any docket number assigned to the application, the type of application (e.g., utility, plant, design, reissue, provisional), whether the application discloses any significant part of the subject matter of an application under a secrecy order pursuant to 37 CFR § 5.2 (see § 5.2(c)), and, for plant applications, the Latin name of the genus and species of the plant claimed, as well as the variety denomination. The suggested classification and Technology Center information should be supplied for provisional applications whether or not claims are present. If claims are not present in a provisional application, the suggested classification and Technology Center should be based upon the disclosure.
refers to the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.
Asociación Internacional para el Progreso de la En
see International Association for the Advancement of Teaching and Research in Intellectual Property.
refers to data under 37 CFR § 1.76(b)(7) including the name (either person or juristic entity) and address of the assignee of the entire right, title, and interest in an application. Providing this information in the application data sheet does not substitute for compliance with any requirement of part 3 of Chapter 37 of the Code of Federal Regulations to have an assignment recorded by the United States Patent and Trademark Office.
Association internationale pour la promotion de l`
see International Association Advancement and Teaching of Intellectual Property.
refers to a promise or contract express or implied. An Assumpsit may be oral or in writing not under seal. see Indebitatus Assumpsit and Special Assumpsit.
see International Association for the Advancement and Teaching of Intellectual Property.
refers to a person authorized to perform acts for another person (the Principal""). An Attorney in Fact holds a Power of Attorney and is an Agent of the Principal."
refer to works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.
refers to an electronic network for financial transactions. Rules governing and regulating the Automated Clearing House network are promulgated by the Electronic Payments Association, formerly the National Automated Clearing House Association (NACHA), and the Federal Reserve.
see Architectural Works Copyright Protection Act.
refers to the Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto.
refers the edition of a work, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes.
refers to data used in an Application Data Sheet under 37 CFR § 1.76 Applicant Information, Correspondence Information, Application Information, Representative Information, Domestic Priority Information, Foreign Priority Information, and Assignee Information.
see Broadcast Music, Inc.
means: in or with good faith; honestly; without fraud, collusion, or participation in wrong doing.
see Board of Patent Appeals and Interferences.
refers to a Trademark of Peter Koziol.
see Court of Appeals for the Federal Circuit.
see Central American Free Trade Agreement.
California Child Actors Bill
refers to laws to protect child actors. The law and those similar to it are often accredited to one time child actor, John Leslie Jackie"" Coogan."
see Court of Customs and Patent Appeals.
see Country Code Top Level Domain.
see Country Code Top Level Domain.
Central American Free Trade Agreement
refers to an agreement that aims to eliminate barriers to trade and investment in the region comprised of nations of Central America, the Dominican Republic, and the United States of America.
see Code of Federal Regulations.
for purposes of copyright law, children are a person's immediate offspring, whether legitimate or not, and any children legally adopted by that person
see Canadian Intellectual Property Office.
Circumstances of the Case
refers to the standard to recover attorneys' fees in a trademark infringement action under Florida Trademark Law.
refers to a claim element that "performs substantially the same function in substantially the same way to obtain the same result." Graver Tank & Mfg. Co. v. Linde Air Prods. Co.
see Critical Legal Studies.
see Copyright Management Information.
refers to works, such as a periodical issues, anthologies, or encyclopedias, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.
see Indebitatus Assumpsit.
refers to a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term compilation"" includes Collective Works."
refers to a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
refer to a condition which delays the vesting of a right until an event happens. In real estate law, it is a fact or event which must exist or happen before a right becomes vested
refers to a stipulation, provision or case that operates upon an estate conveyed or gifted and renders it liable to be defeated for breach in which event the estate conveyed or gifted reverts to the grantor. It is a condition annexed to an estate already vested, by performance of which such estate is kept and continued, and by failure or non-performance of which it is defeated.
refers to the situation where there is a Likelihood of Confusion between two or more trademarks.
see Conference on Fair Use.
refers to either a Continuation, Continuation-in-part, or Divisional patent application.
see California Child Actors Bill.
see California Child Actors Bill.
refer to material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term copies"" includes the material object
Copyright Management Information
refers to any of the following information conveyed in connection with copies or phonorecords of a work or performances or displays of a work, including in digital form, except that such term does not include any personally identifying information about a user of a work or of a copy, phonorecord, performance, or display of a work:
- The title and other information identifying the work, including the information set forth on a notice of copyright.
- The name of, and other identifying information about, the author of a work.
- The name of, and other identifying information about, the copyright owner of the work, including the information set forth in a notice of copyright.
- With the exception of public performances of works by radio and television broadcast stations, the name of, and other identifying information about, a performer whose performance is fixed in a work other than an audiovisual work.
- With the exception of public performances of works by radio and television broadcast stations, in the case of an audiovisual work, the name of, and other identifying information about, a writer, performer, or director who is credited in the audiovisual work.
- Terms and conditions for use of the work.
- Identifying numbers or symbols referring to such information or links to such information.
- Such other information as the Register of Copyrights may prescribe by regulation, except that the Register of Copyrights may not require the provision of any information concerning the user of a copyrighted work.
refers to the owner of any one of the exclusive rights comprised in a copyright.
refers to a judge appointed under 17 U.S.C.
see Copyright Office Electronic Registration, Recordation, and Deposit System.
refers to information that includes the correspondence address, which may be indicated by reference to a customer number, to which correspondence is to be directed. See 37 CFR § 1.33(a), 1.67(b)(2).
Court of Customs and Patent Appeals
refers to the former Federal court that heard cases from the Patent Office, the International Trade Commission, and Customs Court. The Court of Customs and Patent Appeals merged with the appellate division of the Court of Claims in 1982 to form the Court of Appeals for the Federal Circuit.
refers to an agreement or promise under seal at common law. In a technical sense, an obligation or a promise contained in an instrument does not become a covenant unless it is under seal. However, the term is now used to refer to any promise or obligation as contained in an instrument. A covenant, being a contract, is in many respects subject to the same rules as other contracts. A covenant may be either expressed or implied. An express covenant is one created by the parties and an implied one is that which is created by the law irrespective of the intention of the parties. In relation to land, a covenant may be one that is annexed to an estate in land or one that is a covenant in gross. A covenant that is annexed to an estate of land passes by assignment of that land and may be said to run with it, in contemplation as well of equity as of law, without proof or special bargain or representation on the assignment. In such a case it runs, not because the conscience of either party is affected, but because the purchaser has bought something which inhered in or was annexed to the land bought. A covenant in gross, on the other hand, is one that is collateral and that is not touching or concerning the land demised or conveyed. Thus a covenant contained in a mortgage of lands on which a service station was located, whereby the mortgagor agreed to buy the products marketed by the mortgagee, was held to be a covenant in gross and not binding on the subsequent purchaser of the land. Like any other contract, a covenant that offends public policy or is illegal is void. A covenant in a deed of land prohibiting the resale to persons of a particular nationality is a void covenant since it is offensive to public policy and also amounts to a restraint on alienation. No particular technical words are necessary to create a covenant so long as the intention of the party to bind himself is clear from the construction of the document.
refers to when a work is fixed in a copy or phonorecord for the first time. Where a work is prepared over a period of time the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
see Defense Advanced Research Projects Agency.
Department of Defense Manpower Data Center
refers to the organization that collects, archives, and maintains: manpower; personnel; and financial databases for the Department of Defense.
refers to a patent Claim that refers back to and thus further limits a preceding dependent or independent claim. Therefore, a dependent claim includes every limitation of the claim to which it refers back and is said to depend on such claim.
refers to a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. Derivative works consist of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.
refers to a certification mark awarded by the RIAA for a phonorecord that sells at least 10,000,000 units.
refers to a transmission in whole or in part in a digital or other non-analog format.
refers to showing a copy of a work, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.
see Digital Millennium Copyright Act.
See Online Copyright Infringement Liability Limitation Act.
see Department of Defense Manpower Data Center.
Doctrine of Inevitable Disclosure.
see Inevitable Disclosure Doctrine.
see Department of Defense.
see Department of Justice
Domestic Priority Information
refers to data under 37 CFR § 1.76(b)(5) that includes the application number, the filing date, the status (including patent number if available), and relationship of each application for which a benefit is claimed under 35 U.S.C. §§ 119(e), 120, 121, or 365(c). Providing this information in the application data sheet constitutes the specific reference required by 35 U.S.C. 119(e) or 120, and § 1.78(a)(2) or § 1.78(a)(5), and need not otherwise be made part of the specification.
see Department for Professional Employees of the AFL-CIO.
see Digital Rights Management.
see Defensive Registrations.
refer to Dispute Resolution Service Provider.
refer to the prongs of the test that the Federal Circuit uses when examining likelihood of confusion in a trademark dispute.
see Deceptive and Unfair Trade Practices Act.
see Eurasian Patent Organization.
see European Patent Office.
see Claim Element Equivalent.
see Eligibility Requirements Dispute Resolution Policy.
see Electronically Stored Information.
refers to a trademark of the European Patent Office for an online service for searching patents and patent applications.
refers to a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly.
refers to the Latin phrase meaning according to the right and good. It is often used to describe the ability of arbitrators to dispense with the law and use their conscience to determine what is fair and equitable for the matter in front of them.
refers to the standard to recover attorneys' fees in a trademark infringement action under the Lanham Act.
refers to First Action on the Merits. See First Office Action on the Merits.
see Federal Accounting Standards Advisory Board.
see Federal Communications Commission.
see International Federation of Actors.
see Prosecution History Estoppel.
refers receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.
refers to when a Work is set in a tangible medium of expression. It occurs when a work's embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is fixed"" for purposes of this title if a fixation of the work is being made simultaneously with its transmission."
see First Office Action on the Merits.
see Freedom of Information Act.
Food Service or Drinking Establishment
refers to a restaurant, inn, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink, in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly.
Foreign Priority Information
refers to data under 37 CFR § 1.76(b)(6) that includes the application number, country, and filing date of each foreign application for which priority is claimed, as well as any foreign application having a filing date before that of the application for which priority is claimed. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. § 119(b) and 37 CFR § 1.55(a).
see Associated Actors and Artistes of America.
see Federal Rules of Appellate Procedure.
see Federal Rules of Civil Procedure.
see Federal Rules of Evidence.
see Federal Trade Commission.
see Federal Trademark Dilution Act.
refers to the Function-Way-Result-Test or Function/Way/Result Test. See Triple Identity.
Further Affiant Sayeth Naught
is an Elizabethan Middle-English phrase meaning that the person testifying or giving a sworn written statement such as an affidavit or response to an interrogatory has no more to say about the matter.
see Government Advisory Committee.
see Government Advisory Committee.
Geneva Phonograms Convention
refers to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, concluded at Geneva, Switzerland, on October 29, 1971.
see General Jurisdiction.
refers to a certification mark awarded by the RIAA for a phonorecord that sells at least 500,000 units.
refers to the prongs of the test for obviousness in determining patent novelty. The factors are:
- the scope and content of the prior art;
- the level of ordinary skill in the prior art;
- the differences between the claimed invention and the prior art; and
- objective evidence of nonobviousness.
see Graham et al. v. John Deere Co. of Kansas City et al.
, 383 U.S. 1 (1966).
Gross Square Feet of Space
is a term used to describe the area of an establishment and means the entire interior space of that establishment, and any adjoining outdoor space used to serve patrons, whether on a seasonal basis or otherwise. The terms "including" and "such as" are illustrative and not limitative.
see Generic Top Level Domain.
see Generic Top Level Domain.
a statement made by someone other than the declarant offered as evidence for the truth of the matter asserted. Generally, in most forums, except for specific Hearsay Exceptions, hearsay is inadmissible as evidence.
refers to a trademark that is placed on all the goods that a company produces, or that is used in conjunction with all the services that a company renders. see generally T.M.E.P. ? 1402.03(b).
refers to a pledge of property without transfer or delivery of title or possession as collateral for a debt.
see Internet Corporation for Assigned Names and Numbers.
see Information Disclosure Statement.
see International Federation of Journalists.
see International Monetary Fund.
refers to an assumpsit brought for the majority on an implied promise.
refers to when a party absolves another from damage, liability, or responsibility arising from a transaction.
refers to an agreement, a section of an agreement, or a clause of an agreement that provides that one party shall Indemnify another. An Indemnity may be conditional.
see International Nonproprietary Names.
see International Patent Documentation Center.
refers to a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.
see International Trademark Owners Association.
International Association for the Advancement and
The International Association for the Advancement of Teaching and Research in Intellectual Property refers to an exclusive member organization of researchers and professor that aims to contribute to the advancement of teaching and research in the field of the law of intellectual property. The International Association for the Advancement of Teaching and Research in Intellectual Property pursues educational and scientific objectives. For the official web site of the International Association for the Advancement of Teaching and Research in Intellectual Property click here
International Patent Documentation Center
refers to an international patent database, produced and maintained by the European Patent Office. The International Patent Documentation Center houses information regarding bibliographic data and legal information from participating countries. For more information, click here.
Internationale Vereinigung für die Förferung von L
see International Association for the Advancement of Teaching and Research in Intellectual Property.
refers to a formal written question that in most circumstances requires an answer under oath.
see Italian Society for Intellectual Property.
see International Trade Commission.
see Joint Defense Agreement.
refers to ownership of land by two or more persons, which ownership meets all the following requirements:
- Unity of title: all of them have acquired their title from the same grantor by the same instrument of grant;
- Unity of Interest: all of them have acquired the same estate or interest in the lands
- Unity of Possession: each of them is entitled to the possession of the whole of the land; and
- Unity of Time: the estate of each is for the same duration of time.
refers to a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.
see Joint Protective Order.
Means in the right of a wife.
refers to the right of a third person. The term is used to denote certain pleas that are not available as defenses. E.g., it is not open to one sued for trespass to land to allege that the plaintiff is not the true owner but that a third person is unless the trespasser is claiming right under such third person.
refers to a tax deferred retirement plan for the self employed.
refers to the act of producing a Knockoff.
refers to a form of Intellectual Property that may include information, practical knowledge, technique and skill. Know how is often limited to a specific subject matter.
refers to a pending Japanese patent application.
refers to a Japanese Patent.
refers to a person that follows the philosophy of Realistic Jurisprudence.
The Library of Congress is the United States' oldest federal cultural institution. It serves as the research arm of the United States Congress. The mission of The Library is to "make its resources available and useful to the Congress and the American people and to sustain and preserve a universal collection of knowledge and creativity for future generations." Its web site is http://www.loc.gov
refer to works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.
refers to a type of Ponzi Scheme directed towards institutional and large scale qualified investers. The scheme is named after former Nasdaq stock market chairman Bernard L. Madoff and his firm Bernard L. Madoff Investment Securities. The Madoff Funds offered by Bernard Madoff and his firm attracted investors with the promise of high returns and low fees. As of December 2008, investor losses from Bernard Madoff's scam were estimated to be about $50 billion, according to the U.S. Attorney's criminal complaint against him. For more information click here.
refer to a form of Patent Claim generally used for chemical compounds. See Ex parte Markush, 1925 Dec. Comm’r Pat. 126, 128 (1924); MPEP Section 803.02.
refers to mark that describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services
Misappropriation by Memory
refers to the situation where a former employee has used a memorized trade secret.
refers to audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.
see Manual of Patent Examining Procedure.
refers to a certification mark awarded by the RIAA for a phonorecord to recordings of which over 50% of the content is in the Spanish language and that sells at least 400,000 units.
refers to a certification mark awarded by the RIAA for a phonorecord that sells at least 2,000,000 units.
see National Automated Clearing House Association.
see National Conference of Commissioners on Uniform State Laws.
refers to an information system and company that collects point of sale data for the book industry.
refers to an information system and company that collects point of sale data for the music recording industry. SoundScan, Inc. was founded by Mike Fine and Mike Shalett.
refers to an information system and company that collects point of sale data for the VHS and DVD industries.
refers to fictional name used by an author in place of their real name. The literal translation from French is name of pen or pen name.
see National Science Foundation.
see Network Solutions, Inc.
refers to a published pending German patent application.
refers to a certification mark awarded by the RIAA for a phonorecord to recordings of which over 50% of the content is in the Spanish language and that sells at least 100,000 units.
see Patent Application Capture and Retrieval.
see Patent Application Information Retrieval.
see Patent Abstracts of Japan.
Patent Abstracts of Japan
refers to the official patent database of the Japanese Patent Office.
refers to a German patent.
see Patent Cooperation Treaty.
refers to reciting, rendering, playing, dancing, or acting, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, showing the work's images in any sequence or to make the sounds accompanying it audible.
Performing Rights Society
refers to an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and the Society of European Stage Authors & Composers (SESAC, Inc.).
refer to material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term phonorecords includes the material object in which the sounds are first fixed.
see Person Having Ordinary Skill In The Art.
Pictorial, Graphic, and Sculptural Works
refer to two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article is only be considered a pictorial, graphic, or sculptural work if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.
refer to the prongs of the test that the Fourth Circuit uses when examining likelihood of confusion in trademark disputes. see Pizzeria Uno Corp. v. Temple, 747 F.2d 1522 (4th Cir. 1984).
see Personal Jurisdiction.
refers to a certification mark awarded by the RIAA for a phonorecord to recordings of which over 50% of the content is in the Spanish language and that sells at least 200,000 units.
refers to a certification mark awarded by the RIAA for a phonorecord that sells at least 1,000,000 units.
refer to the prongs of the test used in the second circuit when determining likelihood of confusion in a trademark dispute.
refers to a type of securities fraud in which a promoter diverts assets from a get rich quick investment plan. The name is attributed to the infamous securities fraudster Charles Ponzi who stole millions of dollars through a purported international postage stamp investment program that promised to double investors’ money within ninety days.
refers to Person of Ordinary Skill in the Art, see Person Having Ordinary Skill In The Art.
refers to an authorization, often in writing, to act on behalf of another for legal or business purposes. A Power of Attorney may be limited to specific matters, specific rights, and/or a specific duration.
refers to a trademark that is used on a specific commodity and only on that commodity. see generally T.M.E.P.
refers to a work on the copies or phonorecords of which the author is identified under a fictitious name.
refers to the performance or display of a work at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered or to transmit or otherwise communicate a performance or display of the work to a such a place, or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
refers to the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.
see Plant Variety Protection Act.
see Quad Erat Demonstrandum.
see Quare Executionem Non.
is Latin for which was to be demonstrated or proved.
is Latin for which was to be done.
is a Latin phrase meaning which was not denied. It is used to describe a movement or argument that is not controverted by the court.
is a Latin phrase meaning that partition be made. Quad partitio fiat is a order or judgment granting a partition.
is Latin for why execution should not be issued.
refers to the Latin phrase as if he should say.
refers to a release of a right or claim.
refers the the minimum number of members required to be present for an entity, organization, association or other group to vote or transact business.
is Latin for whatever manner.
see Request for Continued Examination.
see Restriction Dispute Resolution Policy.
refers to the philospohy that all law should be the result of all knowledge of human affairs and be based on the sciences of economics, politics, psychology and anthropology.
refers to the minimum damage due to a Patentee who's enforceable patent has been infringed.
Recording Industry Association of America
refers to a trade group that represents a significant segment of the United States recording industry.
refers to an action to recover personal property claimed to be unlawfully taken. Replevin also refers to the writ or procedure of such an action.
refers to data under 37 CFR 1.76(b)(4) that includes the registration number of each practitioner having a power of attorney in the application (preferably by reference to a customer number). Providing this information in the application data sheet does not constitute a Power of Attorney in the application (see § 1.32).
see Request for Comments.
see Requests for Production.
see Requests for Production.
see the Recording Industry Association of America.
refers to interrogatories. see Interrogatory.
refers to Requests for Production of Documents. see Requests for Production.
see Supplemental Examination Support Document.
see Summary Judgment or Specific Jurisdiction.
see Strategic Lawsuit Against Public Participation.
refer to the prongs of the test that the Ninth Circuit uses when examining likelihood of confusion in a trademark dispute. see AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979).
see Subject Matter Expert.
refers to the Society of Composers, Authors and Music Publishers of Canada.
refers to the philosophy where the rules of law are evaluated basis the social interests that they serve.
refer to works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.
see Supervisory Primary Examiner.
refers to an express promise or contract.
refers to taxes that are charged on transfers of shares or property.
see Start-Up Trademark Opposition Policy.
refers to mark that when applied to the goods or services requires imagination, thought or perception to reach a conclusion as to the nature of those goods or services. A suggestive term differs from a Merely Descriptive term.
refers to a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes.
see Trademark Application and Registration Retrieval.
see Trademark Document Retrieval.
Teaching Suggestion Motivation
refers to a test that requires an alleged infringer or patent examiner assert obviousness as a bar to patent validity or patentability to show that the prior art teaches, or that some other suggestion, or motivation exists to combine known elements to form a claimed invention. See e.g. KSR v. Teleflex, 550 U.S. ___ (2007). See also Graham Factors.
see Trademark Electronic Application System.
Technical Protection Measures
refers to a forms of Copy Protection that either control access to a work or protect a right of a copyright owner. A technological measure effectively controls access to a work"" if the measure
see Trademark Electronic Search System.
see Inevitable Disclosure Doctrine.
see Trademark Image Capture and Retrieval System.
see Trademark Manual of Examining Procedure.
see Trademark Official Gazette.
see Trademark Public Advisory Committee.
see Technical Protection Measures.
Trademark Image Capture and Retrieval System
refers to a system within the United States Patent and Trademark Office for scanning, storing and providing access to images of papers associated with trademark registrations.
Trademark Reporting And Monitoring
refers to a system used by trademark examiners of the United States Trademark Office.
Trademark Trial and Appeal Board
refers to an administrative tribunal at the United States Patent and Trademark Office. The TTAB has jurisdiction over appeals from trademark decisions of the United States Patent and Trademark Office, as well as trademark opposition and cancellation proceedings.
see Trademark Reporting And Monitoring.
refers to an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.
refers to a test for the Doctrine of Equivalents. The Triple Identity Test focuses on  the function served by a particular claim element
refers to the agreement on Trade Related Aspects of Intellectual Property.
refers to a common-law action to recover damages for property illegally withheld or wrongfully converted to use by another.
see Teaching Suggestion Motivation.
see Trademark Trial and Appeal Board.
see Uniform Commercial Code.
see Uniform Domain-Name Dispute-Resolution Policy.
see Uniform Franchise Offering Circular.
see the International Institute for the Unification of Private Law.
Uniform Domain-Name Dispute-Resolution Policy
ICANN requires that all registrars in the .biz, .com, .info, .name, .net, and .org TLD follow the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Under the UDRP, many trademark based domain name disputes must resolved by agreement, court action, or arbitration before a registrar cancels, suspends, or transfers a domain name. Ownership disputes alleged to originate from cyber-squatting or other ad faith"" registration practices may be addressed through expedited administrative proceedings
United States Patent and Trademark Office
It promotes industrial and technological progress in the United States and strengthens the US national economy by:
- Administering the laws relating to patents and trademarks.
- Advising the Secretary of Commerce, the President of the United States, and the administration on patent, trademark, and copyright protection.
- Advising the Secretary of Commerce, the President of the United States, and the administration on the trade-related aspects of intellectual property.
The website for the United States Patent and Trademark Office is http://www.uspto.gov/."
refers to an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a useful article""."
see United States Patent Quarterly.
see United States Patent and Trademark Office.
see Uniform Trade Secrets Act.
see Visual Artist Rights Act.
refers to a work that is either:
- a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author or
- a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. A work of visual art does not include -
- (A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication; (ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container; (iii) any portion or part of any item described in clause (i) or (ii);
- (B) any work made for hire or
- (C) any work not subject to copyright protection under Title 17 of the United States Code.
refers to a cause of action arising from use or attempted use of a patent procured by fraud on the Patent Office to violate section 2 of the Sherman Act. A Walker Process Claim requires a showing that the attempted patent enforcement threatens competition in a relevant market, standing and damages. Walker Process, Inc. v. Food Machinery & Chem. Corp., 382 U.S. 172 (1965)., 382 U.S. 172 (1965). see also, Unitherm Food Sys., Inc. v. Swift-Echrich, Inc., 375 F. 3d 1341, 1355 (Fed. Cir. 2004), rev?d on other grounds, 126 S. Ct. 980 (2006).
see World Intellectual Property Organization.
refers to a form of trademark comprised of text.
refers to a work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
refers to an employment contract that forbids membership in a labor union. Yellow Dog Contracts are generally unlawful.
refer to the data files that contain the information needed to resolve domain names to their corresponding Internet Protocol numbers. Zone files contain domain names, the associated host names for the domain name name servers, and the corresponding IP addresses.