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  • O’Brien Patents
  • Patent Process
    • Can Your Idea Be Patented?
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COPYRIGHT

A Rejected Copyright Application Does Not Preclude Copyright Enforcement

By Michael O'Brien | Feb 25, 2019

An action for copyright infringement requires 1) a valid copyright and 2) a an act of infringement. A valid copyright ...
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Someone Stole My Business Idea! Can I Sue for Stealing My IP?

By Michael O'Brien | Oct 17, 2018

One of the biggest fears that inventors and other developers of intellectual property disclose to me in my office is, ...
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Trade Secrets vs. Patents: Pros & Cons

By Michael O'Brien | Aug 20, 2018

First of all, what is a trade secret? A trade secret is: A piece of information that the creator or ...
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Why the Court Ruling that Using Online Photos is ‘Fair Use’ is Wrong

By Michael O'Brien | Jul 23, 2018

When it comes to commercial marketing applications, Rule #1 has long been: Don’t use works you don’t own, unless you ...
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Is It Legal to Buy Products from Stores and Resell Them Online as New?

By Michael O'Brien | Jun 29, 2018

Everybody knows that it’s perfectly legal to resell an item that you have purchased, including cars, furniture, clothing, knick-knacks, and ...
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How to Fight Counterfeit Product Sellers Outside the U.S.

By Michael O'Brien | Jun 21, 2018

Let’s say that you’re a creative person, someone who specializes in some sort of artistic work, such as drawing, painting, ...
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Disney v. Redbox Aptly Demonstrates Copyright Misuse

By Michael O'Brien | Mar 5, 2018

The legal concept of copyright exists expressly because history has taught us that in order to have a culture rich ...
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How Amazon Sellers Can Fight Patent Infringement Takedowns

By Michael O'Brien | Feb 26, 2018

For those who make a living selling products on the Amazon Marketplace, it’s terrifying to imagine having your most valuable ...
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False IP Infringement Claims are Harming Amazon Businesses

By Michael O'Brien | Sep 19, 2017

CNBC recently reported on a startling case in which an Amazon seller’s most popular product, a generic toothbrush head replacement, ...
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How Tattoo Artists Can Ensure Copyright Protection for Their Work

By Michael O'Brien | Sep 13, 2017

Tattoos are not just personal to the body of the person on which they are inscribed—a tattooer’s work is reflective ...
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Is It Possible to Sue the Federal Government for Patent Infringement?

By Michael O'Brien | Jul 5, 2017

While it isn’t possible to sue a state government for patent or copyright infringement due to the protections of the ...
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Can You Sue a State Government for Patent Infringement?

By Michael O'Brien | Jun 27, 2017

While the idea of a state infringing on intellectual property rights might seem a bit strange, it does happen. For ...
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