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Patents, Copyrights And Trademarks, Oh My!
from the the-big-three deptContinuing my series of posts on the basics of "intellectual property" (which, yes, is a misnomer, but that's the next post in the series...), I wanted to just do a quick post highlighting the major differences between the "big three" categories of intellectual property: patents, copyright and trademarks. This is not intended to be a complete description of the three, or a full listing of the differences between them. Just a quick breakdown. And, yes, there are some other things that some people include under the IP umbrella, but we're going to avoid those for now. Too many people seem to mix up patents, copyrights and trademarks (even the popular press does it all too frequently), and it's important to at least understand the basics. Also, on the specifics, I'm sticking to US law, rather than international law. There are some major differences across countries, though the key points are pretty similar.
- Patents: A patent is an exclusive right, or a monopoly, granted to someone for a limited time in exchange for publicly disclosing a new and non-obvious invention. The purpose of a patent, as discussed last week, is supposed to be to provide additional incentive for the invention to be created in the first place. While many insist that the purpose of the patent system is to force the disclosure of those inventions, that's, at best an exaggeration, and at worst, a complete myth. Generally speaking, a patent lasts 20 years from the date of filing. Under current US law, patentable subject matter has expanded quite a bit over the years, and now includes things that at times were not considered patentable, including software and business models or methods.
Getting a patent requires going through an application process, which can be rather involved. Given the current backlog, it can take quite a long time to get a patent approved. These days the percentage of patents being approved at the USPTO has dropped drastically from earlier in the decade. This is due to a few things, including changes in policies at the USPTO and in the US court system (basically forcing changes on the USPTO). Recipients of patents can assign those patents to other parties or license them, if they so choose. Patents are given to inventors, not companies, but are often assigned to companies (many employment agreements require employees to assign all patents to the company).
Infringement over a patent can be for violating specific claims within a patent -- even if the accused infringer came up with the same thing independently. Coming up with something independently is not considered a valid defense against a claim of infringement (though there is some effort underway to change this, and some believe that an independent invention should be evidence against obviousness towards a patent). Winning a patent infringement case can involve an injunction, forcing the infringer to stop producing the infringing product (even if the infringement is a small part of a larger product) as well as fines for the infringement.
- Copyrights: Copyright is a right given automatically to the creator of new content, granting them the exclusive right (with some exceptions) to reproduce, perform or display the work. There is no application process for a copyright. Any new work is automatically covered by copyright (this is a change from earlier copyright law). Despite the fact that copyrights are automatically granted after a work is created, you can still register a copyright, and doing so allows you to sue for statutory damages against infringers. Copyrights are officially for "a limited time," though that limited time has been expanded repeatedly over the years, and currently stands at "life of the creator + 70 years."
Like patents, the purpose of copyright is solely to encourage the creation of new content. It's an incentive system of sorts. Contrary to popular opinion, the purpose of copyright has nothing to do with preventing plagiarism or even making sure that someone gets proper "credit" for their works. It also is not designed as a system to guarantee a living for creators. It is merely an extra "right" granted to creators in the hopes that it will help incent the creation of additional content. Copyrights can be sold, and entities other than the original creator can (and often do) own copyrights.
Copyright infringement is for actually copying the work. Unlike patents where something totally independently created can infringe, copyright infringement only covers copies of an existing work, rather than something similar, but different. There are various and important exceptions to copyright law, with "fair use" being a rather important one. These are uses of the copyrighted content that are considered perfectly legal without first requiring permission. There is also a "right of first sale" associated with copyright, which means that you have the right to resell copyrighted products you have purchased. That's why you can resell a book or a CD that you legally possess.
- Trademarks: Trademarks are generally a company name, brand or logo that is used to distinguish the company and/or product from competitors. I take exception to the idea that trademarks should be lumped in with patents and copyrights, both of which really come out of the Constitutional clause we discussed last week, and are both designed as incentives for the creation of either inventions or new creative works. Trademarks, on the other hand, are really designed as a form of consumer protection. That is, they're designed to make it so you know who is actually creating a product, and don't get tricked into believing that a certain product was made by one company when it's really made by another.
There are common law trademarks, but for the most part, a trademark should be registered. Unlike patents and copyright, trademarks aren't designed to expire and can last as long as they're used in commerce and don't become generic. Also, despite attempts to expand what trademark rights grant, they do not confer the same level of control over the mark. Others can make use of trademarks, just not in commerce in ways that are likely to confuse users. Competitors, for example, can use the mark in a comparison or an advertisement (this is sometimes disputed, but it tends to stand).
Because of the risk of losing a trademark if it becomes generic, there's a belief that trademark holders are required to police its use -- which, again, is a bit of an exaggeration. Yes, trademark holders are required to take certain steps to keep a mark from becoming considered generic and potentially losing the mark, but that doesn't mean threatening or suing anyone who uses the mark. As we've stated, there are many perfectly legitimate ways to make use of someone else's trademark, and going after those uses is not necessary (though, it still happens all too frequently).
Links to other posts in the series:
- On The Constitutional Reasons Behind Copyright And Patents
- Patents, Copyrights And Trademarks, Oh My!
- If Intellectual Property Is Neither Intellectual, Nor Property, What Is It?
- What Kind Of Progress Are We Promoting?
- Why Do Patents Tend To Cause More Harm Than Good?
- The Case For And Against Software And Business Model Patents
Filed Under: copyright, intellectual property, patents, trademark


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A hearing officer will likely approve a sporting clay range being developed by Schroeder-Manatee Ranch.
The Ancient Oak Gun Club, 16800 State Road 64 in Manatee County, had been criticized over noise by a church and a school, which uses nearby wooded land several times each year.
Manatee County hearing officer Lori M. Dorman held an additional public hearing last month about noise before deciding whether to approve a special use permit.
Monday morning, Dorman sent a letter stating she intends to approve the sporting clay range.
Parties now have five days to respond to Dorman's report. She then has 10 days to issue her final order.
In her draft final order, Dorman notes the findings of a sound engineer hired by SMR to test the noise levels: decibel readings ranging from 43.2 to 47.7 around the 80-acre site, well under the 60 decibel limit imposed by county ordinance.
"The noise anticipated to be generated by the proposed complex does not exceed the county's noise ordinance," Dorman wrote. "In making the foregoing findings of fact and law, the hearing officer has carefully considered the testimony offered by members of the public and, in particular, those of the students and teachers of the Center Montessori School.
"The hearing officer acknowledges and understand their concerns regarding the impact that gunshot noise may have on the public's use of the adjacent properties," Dorman wrote. "Nonetheless, under applicable law, this is a permitted use of this property."
Wayne Evans, a competitive sporting clay shooter who was selected by Schroeder-Manatee Ranch to develop and manage the gun club, said he is confident the club will open since because appeal has to be based upon a point of law.
"There are criteria set forth for the range. All were met," Evans said. "Therefore, by statute, the club has to be approved."
Once the final order is signed and the permits issued, the club could be open within six to eight weeks, he said.
"SMR will announce a grand opening," Evans said. "We'll have a website up soon with a calendar of all the events."
Evans already has been contacted by Ducks Unlimited, Boy Scout and Future Farmers of America groups.
"We're talking about a lot of charity shoots," he said. "These were put on hold."
A hearing officer will likely approve a sporting clay range being developed by Schroeder-Manatee Ranch.

subset: commoncrawl


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Actress "Sanaa Lathan" (From Love & Basketball Movie) Gets A Bit Hood On Keyshia Cole's Older Sister! "Daymn B*tch"
Blackarazzi reports "The BLACKARAZZI TEAM was chillin with Keyshia Cole's oldest sister when something strange happened. Sanaa Lathan exited the club and pushed miss thang right out the way! And Deewana reacted just like any Cole sister would! "
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Preeclampsia is high blood pressure that some women get during pregnancy. It affects the kidneys, liver, brain, and placenta. It can cause a headache that won't go away, vision problems, belly pain, and swollen hands and face.
Preeclampsia can be treated with bed rest, medicine, and close monitoring. If not treated, it can be deadly for the mother and baby.
Preeclampsia usually goes away after the baby is born.
Last Revised:
November 5, 2012
Healthwise Staff
Medical Review:
Sarah Marshall, MD - Family Medicine & William Gilbert, MD - Maternal and Fetal Medicine
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Day care provides for reimbursement of day care expenses to day care centers, registered providers, and approved legally-exempt day care providers on behalf of those determined eligible for this subsidy.
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Home Energy Assistance Program (HEAP) is a federally-funded seasonal program which assists eligible households with home heating costs and heat related electric needs
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Temporary Assistance is an income-based eligibility program that covers families and single adults with ongoing and/or emergency assistance.


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Our wonderful microwaveable bowl caddy is finally here! It is made of 100% cotton and fully microwaveable. Just put bowl and caddy in the microwave together, heat up your food and now you have something to grab hold of besides a steaming hot bowl. Stop burning your fingers and get a bowl caddy!
Besides, it works great for ice cream too!
They come in 10", 12" and 15" sizes - great for any bowl, large or small!
Machine wash and dry.


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Pro AV Catalog
Matching Keywords
Model Numbers
Video Conferencing Equipment : Video Conferencing Systems : ClearOne - COLLABORATE Pro 300
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from this brand
300-codec Ultimate Media Collaboration Solution
Series: COLLABORATE
Model: COLLABORATE Pro 300
Part #: 910-3001-300
- SIP/H.323 Video Conferencing
- Full HD 1080p SIP/H.323 video conferencing with up to 9-way MCU
- Data sharing at 1080p quality from PC, connected through wireless or HDMI
- Recording of SIP/H.323 video conferences for future on-demand access
- Distribution of SIP/H.323 video conferences through unicast or multicast streaming
Product Info
Tech Specs
Related Products
Complete suite of Media Collaboration appliances to meet today's diverse organizational conferencing, collaboration and communication demands. The versatile designs are ideal for multiple applications including traditional video conferencing, professional audio conferencing, cloud-based virtual meeting, wireless presentation and white boarding, recording and streaming of voice, video and data captured by any of its applications.
Spontania Cloud Meeting Room
25 participants can join meetings via PC, Mobile devices, room endpoints or by phone call
User experience optimized for group collaboration in a room environment.
Wireless presentation and Whiteboarding
Beamforming Mic array with built-in 24 Mic elements ensures twice the pickup range and replaces 10 traditional microphones
Up to 4 presenters sharing at the same time
Interactive Whiteboarding and annotation with people located at any part of the world
COLLABORATE Share software upgrade available
Professional Audio Conferencing
Recording of presentations and collaboration for future on-demand access
CONVERGE® Pro 840T mixer with built-in telephone interface guarantees unmatched sound and the most natural audio conferencing experience possible
Wireless presentations from a laptop or mobile device at 1080p resolution
Digital whiteboard and annotation with people in the same room or anywhere in the world
Simultaneous processing of up to 4 video input sources (e.g. camera)
Beamforming technology with adaptive acoustic processing and adaptive steering pickup pattern for the best audio experience
Capture and Recording station
Capture all voice, video and data content
Record presentations, meetings, conferences, lectures, trainings, and more with the entire content including voice, video and data
Local or external storage for future on demand access
Streaming and Distribution
Capture all voice, video and data content
Distribute presentations, meetings, conferences, lectures, trainings, and more on-demand or live to large audiences located on the same or different networks
Distribution of presentations and collaboration through unicast or multicast streaming
Huddle rooms
Small and mid-size conference rooms
- SIP/H.323 Video Conferencing
- Full HD 1080p SIP/H.323 video conferencing with up to 9-way MCU
- Data sharing at 1080p quality from PC, connected through wireless or HDMI
- Recording of SIP/H.323 video conferences for future on-demand access
- Distribution of SIP/H.323 video conferences through unicast or multicast streaming
- Warranty (Length/Type) : 2 Year
- Number of Users : 25
- Camera Type : PTZ
- System :
- Codec Appliance: COLLABORATE 300 codec
- Audio: COLLABORATE Speakerphone
- Features & Functions :
- SIP/H.323 Video Conferencing: Yes
- Audio Conferencing: Yes
- Wireless Presentation & Whiteboarding (Q3 '15) : Yes
- Conferencing Camera Included - Yes
- Conferencing Codec Included - Yes
- Conferencing Display Included - Yes
- Conferencing Phone Included - Yes
- Supported Resolution - 1080p (1920x1080)
- Warranty - Yes
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Contact KVL Audio Visual Services
KVL Audio Visual Services
200 Corporate Blvd. South
Yonkers, NY 10701
KVL Audio Visual Services
Contact in regards to this product:
Model: COLLABORATE Pro 300
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Let's find you a match. Sign Up so you can save the homes you like to your personal dashboard. You can even save searches, so you automatically get notified when homes come on the market. Happy home hunting!
- Price$4,850,000
- Beds6
- Baths9
- SQ. Feet9,614
- Acres2.83
- Built2000
211 Bella Riva Dr, Austin
This magnificent waterfront estate sits on an extraordinary 2.8 acres overlooking Lake Travis. The abundance of natural light combined with the white modern interior rooms creates a peaceful and inviting environment for friends and family. Terrace provides panoramic sunset views across the negative-edged pool and lawn. At the waters edge sits a private boat dock w/ lift & room for 2 jet skis. Extensive renovations to the interior & exterior of the house was completed in 2016. https://youtu.be/TyUpdydELbY
Essential Information
- Price$4,850,000
- Bedrooms6
- Bathrooms9.00
- Full Baths6
- Half Baths3
- Square Footage9,614
- Acres2.83
- Year Built2000
- TypeResidential
- Sub-TypeHouse
- StatusActive
- AmenitiesClub House
- UtilitiesElectricity on Property, Propane
- Parking2 Car Carport, 2 Reserved Parking Garage, Attached, Golf Cart/Half Garage
- # of Garages5
- ViewHill Country, Lake/River, Panoramic
- Is WaterfrontYes
- WaterfrontLake
- Has PoolYes
- PoolAttached Spa/Hot tub, Negative Edge
- Exterior FeaturesBalcony-Covered, Deck, Patio-Covered, Playscape, Private BackYard, Dock, Hot Tub
- Lot DescriptionLakefront, Open
- RoofTile
- ConstructionAll Sides Masonry, Stone Veneer, Stucco
- FoundationSlab
Community Information
- Address211 Bella Riva Dr
- RegionNorthwest Travis Co.
- SubdivisionCosta Bella
- CityAustin
- CountyTravis
- StateTX
- Zip Code78734
- Interior FeaturesCeiling-High, Ceiling-Vaulted, Security System - Owned, Walk-In Closet, Butler Pantry, Elevator, Wet Bar
- AppliancesBar Ice Maker, Convection Oven, Cook Top Gas, Dishwasher, Disposal, Double Oven, Microwave Oven, Refrigerator Sub-Zero Type, Water Heater Gas, Trash Compactor
- HeatingCentral Heat
- CoolingCentral Air
- FireplaceYes
- # of Fireplaces2
- FireplacesBedroom, Formal Living
- # of Stories3
- Stories3
School Information
- DistrictLake Travis ISD
- ElementaryLake Travis
- MiddleHudson Bend
- HighLake Travis
Property Listed by: KW-Austin Portfolio RealEstate
The information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
Based on information from the Austin Board of REALTORS® (alternatively, from ACTRIS) from July 10th, 2020 at 1:30pm CDT. Neither the Board nor ACTRIS guarantees or is in any way responsible for its accuracy. The Austin Board of REALTORS®, ACTRIS and their affiliates provide the MLS and all content therein "AS IS" and without any warranty, express or implied. Data maintained by the Board or ACTRIS may not reflect all real estate activity in the market.
All information provided is deemed reliable but is not guaranteed and should be independently verified.