Patents, Trademarks, and Copyrights
Law Offices of Michael A. Blake, LLC
The United States Patent and Trademark Office (USPTO) is closed to the public until further notice. However, USPTO operations will continue without interruption. Also, patent and trademark deadlines are NOT extended. I am still doing work for my clients, and taking on new matters for new clients, and existing clients.
For more information about COVID 19 and the USPTO please go here.
The US Court of Appeals for the Fifth Circuit has ruled that statutory damages are not available unless the copyright was registered prior to the infringement. The court in Southern Credentialing Support v. Hammond Surgical Hospital LLC et al, case number 18-31160, January 9, 2020, held that even if a different type of infringement occurred after registration, that if the infringement started prior to registration, no statutory damages were available. The case can be read here.
The moral to this story is that if you want statutory damages, which can be up to $150,000 per infringement, you must register your copyright early, and at a minimum before the infringement begins.
Tomorrow I will be attending the Holiday Lunch hosted by the New Haven Chapter of Score at Brazi’s Italian Restaurant in New Haven.
SCORE is a nonprofit association dedicated to educating entrepreneurs and helping small businesses start, grow, and succeed nationwide. SCORE is a resource partner with the U.S. Small Business Administration (SBA), and has been mentoring small business owners for more than forty years.
Founded in 1964, SCORE is headquartered in Herndon, VA and has 364 chapters throughout the United States and its territories, with over 13,000 volunteers nationwide.
I donate my time to Score helping individuals with your inventions and trademarks, and other legal questions.
For more information about the New Haven Chapter of Score, go here.