Jack Gilbert

Intellectual Property Law Patent Law Patents and Trademarks

What is prior art?

March 26, 2026

Prior art is any publicly available information—like patents, publications, products, or public use—that existed before a patent’s filing (or priority) date and can affect whether...

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Intellectual Property Law Intellectual Property Rights Patent Law

What is patent infringement?

March 26, 2026

Patent infringement is the unauthorized making, using, selling, offering for sale, or importing of a patented invention, typically during a 20-year patent term. It can...

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Business & Brand Protection Intellectual Property Law Trademark Law

What is trade dress?

March 26, 2026

Trade dress is trademark protection for a product’s overall look and feel (including packaging and design) when consumers recognize it as coming from one source....

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Copyright Law Digital Copyright & Intellectual Property Internet Law

What is the DMCA?

March 26, 2026

The DMCA is a U.S. copyright law enacted in 1998 that sets rules for online copyright enforcement, including notice-and-takedown and platform safe harbor protections. It...

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Copyright Law Intellectual Property Law Trademark Law

What is a cease and desist for IP infringement?

March 26, 2026

A cease and desist for IP infringement is a written notice demanding a party stop unauthorized use of intellectual property or face legal action. It...

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Copyright and Intellectual Property Copyright Law Intellectual Property Law

What is fair use?

March 26, 2026

Fair use is a U.S. copyright exception evaluated under 4 factors to decide if using protected material without permission is lawful. Courts weigh purpose, nature,...

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Copyright and Intellectual Property Copyright Law Intellectual Property Law

What is copyright infringement?

March 26, 2026

Copyright infringement is the unauthorized use of a copyrighted work that violates at least 1 of the owner’s exclusive rights. It can include copying, distributing,...

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Intellectual Property Law Trademark Law Trademark Rights & Enforcement

What is trademark infringement?

March 26, 2026

Trademark infringement is the unauthorized use of a trademark that is identical or confusingly similar to a registered mark, creating a likelihood of consumer confusion....

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Intellectual Property Law Intellectual Property Rights Trademark Law

What is a trademark?

March 26, 2026

A trademark is a word, phrase, symbol, design, or combination that identifies and distinguishes one business’s goods or services from others. It helps consumers recognize...

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Business Law Intellectual Property Law Trademark Law

What is a service mark?

March 26, 2026

A service mark is an IP identifier that distinguishes the services of one business from another, functioning like a trademark but for services rather than...

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Business Law Intellectual Property Law Trade Law

What is a trade secret?

March 26, 2026

A trade secret is confidential business information that provides a competitive advantage and is protected as long as it remains secret. Unlike patents, it requires...

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Copyright and Intellectual Property Copyright Law Intellectual Property Law

What is copyright?

March 26, 2026

Copyright is legal protection that automatically attaches the moment an original work is fixed in a tangible form. It gives the creator exclusive rights to...

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