Legal Commentary

Protecting Innovation

By davidwanetick

There was an interesting article in The Wall Street Journal today dealing with the steps Apple undertook to protect its iPod. For instance, the article pointed out that trademark law allows the holder to sue not only manufacturers but also distributors of competing products whose attributes so resemble those of the protected mark that they create the likelihood of confusion in the marketplace.

Also, nontraditional-trademark laws favor applicants that can show a history of unique product designs. Providing evidence that a design was chosen for its departure from existing designs can help make the case that consumers identify with unique design exclusively with the company.

These are some of the issues discussed at The Business Development Academy's IP courses. For further information, please visit www.bdacademy.com.

Full post as published by Vertical Pulse on May 12, 2008 (boomark / email).