Houma Trademark Attorneys & Lawyers

The doctrine of equivalents allows a patent owner to prove infringement when an accused product or process differs from the literal claim language but contains an equivalent for every claimed element. The analysis focuses on substance, not merely names, shapes, or superficial design changes.

Key Takeaways

• The doctrine can reach a product or process that does not literally infringe a patent claim.
• Courts may consider function, way, and result or ask whether the differences are insubstantial.
• Equivalence must be evaluated claim element by claim element, not by comparing only the inventi

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An international patent is not a single enforceable right covering the world. You obtain protection abroad through national or regional patents, while the Patent Cooperation Treaty offers a coordinated application process that can preserve your options in multiple countries.

Key Takeaways

• No worldwide patent or universal global patent registration protects an invention in every country.
• A PCT application creates a common international filing but does not itself grant enforceable patent rights.
• You generally must file a PCT application within 12 months of

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Trade dress vs trademark is a comparison between two related forms of source-identifying protection. A conventional trademark usually protects a name, word, logo, phrase, or symbol, while trade dress protects the overall visual presentation of a product, packaging, service, or business.

Key Takeaways

• Trade dress is part of trademark law, but the terms are not interchangeable.
• Trademarks commonly protect individual brand identifiers, while trade dress protects an overall visual impression.
• Protectable trade dress must identify a source, be distinctive, and be nonfunctional.
• Product design c

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Internet law is an umbrella term for the laws governing websites, online services, digital communications, and internet users. The rules that apply depend on your activities, location, customers, and use of data or protected content.

Key Takeaways

• There is no single, universal law governing all internet activity.
• U.S. online businesses may face federal laws, state laws, contracts, and industry-specific requirements.
• Privacy, cybersecurity, advertising, intellectual property, contracts, and user content create common compliance risks.
• A website may become subject to another jurisdiction's rules when

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Key Takeaways

• A trademark domain name protects a web address as a brand asset if it's used as a source identifier for goods or services.
• Merely registering a domain doesn’t give trademark rights; you must use it in commerce to gain trademark protection.
• Trademarking your domain name helps prevent cybersquatting, customer confusion, and dilution of brand reputation.
• Before trademarking, ensure the name isn’t already in use or registered — otherwise, you may risk infringement.
• Not all domain names qualify for trademark protection; generic or merely descriptive names typically won't.
• Legal recourse such as UDRP or ACPA may be available to reclaim misused domain names.
• Trademarking your domain provides stronger protection than domain registration alone.
• You can find experienced IP attorneys through UpCounsel for help with domain name trademark filings or disputes.

What is a Tradem

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