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Patent law rewards the inventor with a monopoly to practice his invention for a certain amount of time without having to compete against (usually cheaper) copies; trademark protection, on the other hand, although it also confers commercial advantages to the owner, is meant to protect the consumer against being misled by unscrupulous trade practices.
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Ken Davis, a litigator who specializes in intellectual property at the Portland, Ore., law firm Lane Powell, says that the line between imitating general design elements and copying trademarks is very blurred.
"They don't only copy our designs they copy the trademark and logo and label.
The materials included one copy of the original 25 page cease and desist letter as well as an inch-thick WIPO book containing copies of trademarks, web pages and e-mails between him and Microsoft.
As for a signature phrase, a funky fun phrase that fits anywhere would draw attention to the way you speak and if the phrase is unique enough, you will keep copycats away from copying your trademark.
For buyers of Christmas lights, the counterfeiters have even copied the Underwriters Laboratories trademark, which people associate with safe products.
Adams - with her trademark copy of the Ali shuffle employed between lightning-quick combinations - looks completely at home in the ring.
However, Kirby's trademark "copy" ability would not appear until Kirby's Adventure, released less than one year later.
Its split-screen device was widely imitated, including by Keep America Safe, an organization founded by Liz Cheney and others, which copied the show's trademark graphics to punch up an ad attacking the Obama administration's response to last year's Christmas Day bombing attempt.
Lundgren had already pleaded guilty to infringing Dell's trademark by copying the look of its discs, but the value Microsoft convinced the judges those discs have (a total of $700,000) directly led to his 15-month sentence.
Her trademark piece of jewelry, copied on a tattoo inside her right ankle, is a stylized sterling silver cross worn by her father.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com