Posts2025-04-22T08:57:48-07:00
David Kleiman Blog

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Ownership By A Business Of Copyrights

The value of many corporations and LLCs can rely heavily on the copyrights owned or licensed by the business. However, the value of these copyrights can be compromised or lost if a license or assignment for the full life of the copyrights is not properly secured in the business. When securing ownership of copyrights a business in California also needs to be mindful of California's unemployment insurance and labor laws.

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About Continuation Patent Applications

There are times when a first-filed patent application discloses patentable subject matter that has not been successfully claimed at the end of the prosecution of the first-filed application. A second application containing substantially the same disclosure of the first-filed application may be filed seeking to claim such subject matter as long as the first-filed application is still pending and a proper claim of priority is made back to the first-filed application. Such a second-filed application is called a "continuation application". This post discusses some of the reasons behind pursuing continuation patent applications.

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Trade Secrets: A Basic Overview

For some enterprises trade secrets can be among the most valuable assets. However, care must be taken in order to establish and preserve a trade secret, which is more than just ordinary confidential information. This post discusses the basic legal framework of trade secret protection.

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Copyright Protection: A Basic Overview

Copyrights protect original works of authorship, such as literature, images, music, movies, software code, and many other examples. This post gives an overview of the laws that protect copyrights, and answers some of the most frequently asked questions about copyright protection.

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Patent Protection : An Overview

U.S. patents provide the exclusive legal right to make, use, offer for sale, sell, and import into the United States, an invention. They are among the most complex of intellectual property rights, and apply to a wide variety of subject matter. In this post a brief overview of patents and the process of obtaining them is discussed.

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Trademark Opposition Proceedings

A trademark opposition is a type of litigation proceeding that happens in the United States Patent & Trademark Office ("USPTO") between a party who has applied for registration of a mark (the "applicant") and a third party that believes registration of the mark will harm them [...]

By |September 14th, 2024|Categories: Law|Tags: , , |Comments Off on Trademark Opposition Proceedings

Copyright Fair Use

The fair use doctrine of U.S. copyright law limits the exclusive rights of copyright owners. Learn about the four non-exclusive factors considered when determining whether use of a copyrighted work by another qualifies as a fair use under the law.

By |July 13th, 2023|Categories: Law|Tags: , |Comments Off on Copyright Fair Use

Freedom Of Expression – Web Design

The U.S. Supreme court issued a decision holding that website design is protected expression, and that a State may not use a public accommodation anti-discrimination law to penalize a web design business that refuses to produce websites depicting same sex marriage.

By |June 30th, 2023|Categories: Law|Tags: , |Comments Off on Freedom Of Expression – Web Design

An Overview of California’s Right of Publicity Law

California's right of publicity law is designed to protect individuals from having aspects of their identities used for commercial purposes without their prior consent. A business should be careful to acquire proof of such prior consent before making use of an aspect of an individual's identity for commercial purposes.

By |March 22nd, 2023|Categories: Law|Tags: |Comments Off on An Overview of California’s Right of Publicity Law
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