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By: Kammie Cuneo More often than we'd like to hear, inventors refer to provisional applications as place holders—as though filing of the provisional application reserves some right to complete the invention at a later time or to supplement it after filing. But inventors should be cautioned agains...

By James Juo. The incidental appearance of a trivial portion of a large visual work, such as an outdoor mural, in the background of a photograph may be de minimis use that does not give rise to copyright infringement. “Typically, courts examine the de minimis defense first to determine if any act...

By James Juo. The U.S. Supreme Court in Van Buren v, United States, No. 19-783 (Jun. 3, 2021), has adopted a narrow interpretation that the Computer Fraud and Abuse Act (“CFAA”), a criminal and civil statute sometimes referred to as the federal anti-hacking law, is limited to violations of techno...

By: Scott Brenner The U.S. Copyright Act protects “original works of authorship fixed in any tangible medium of expression.”[1] Specifically, copyright law protects: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) ...

By: Scott Brenner Effective trademarks exclusively identify the source of the goods or services. The power of a trademark to distinguish the source of goods or services is its strength. A highly distinctive trademark is “strong” because it immediately identifies the source of the goods or service...

By James Juo. Patent invalidity based on indefiniteness can be asserted as an affirmative defense in a patent lawsuit. To satisfy the definiteness requirement of 35 U.S.C. § 112(b), the claims of a patent must particularly point out and distinctly claim the subject matter of the invention. 35 U.S...

By James Juo. The legal standard for trademark infringement under the federal Lanham Act is whether there is a likelihood of confusion as to the source of the goods or services with which the trademark is used in commerce. The U.S. Court of Appeals for each regional circuit has its own version of...

By James Juo. Section 1202 of the Digital Millennium Copyright Act (“DMCA”) prohibits removing or altering copyright management information (“CMI”) that is “conveyed in connection with” creative works. Under the statute, CMI is defined to include information such as the title or other information...

By: Kammie Cuneo Colorado has a strong public policy against worker intimidation and restraint of trade.[1] Colorado law generally voids covenants not to compete, as they restrict the rights of workers to receive compensation for skilled or unskilled labor. C.R.S. § 8-2-113(2). This law has endur...

By: James Juo. Acts aimed elsewhere that have their primary effect in Colorado can support finding specific personal jurisdiction in Colorado. In Dudnikov v. Chalk & Vermillion Fine Arts, Inc., 514 F.3d 1063 (10th Cir. 2008) (Gorsuch, J.), a Connecticut company claiming copyright infringement had...

By: William C. Groh, III In many, if not most situations, Colo. Rev. Stat. Ann. § 13-80-101(a) will govern the statute of limitation for a breach of contract action.  C.R.S. § 13-80-101(a) provides a period of three years after accrual for “[a]ll contract actions, including personal contracts and...

By: Olayinka Hamza Oftentimes, a subcontractor and a property owner will find themselves in the midst of an unforeseen conundrum. The homeowner has paid the general contractor to perform construction improvements to its property. In turn, the general contractor has hired a subcontractor that the ...

By: Van Aaron Hughes If a court has entered a judgment against you, the appellate process is your first and often your best opportunity to overcome that adverse ruling.  Conversely, if you've gotten a decision in your favor from a trial court, your likely next task is to defend against the opposi...

Ruling on an issue of first impression for Colorado and the Tenth Circuit, the U.S. District Court for the District of Colorado issued an order granting summary judgment of no cybersquatting under the Anti-cybersquatting Consumer Protection Act (“ACPA”), 15 U.S.C. § 1125(d), in Mehdiyev v. Qatar ...

The U.S. District Court for the District of Colorado issued an order on April 1, 2021, dismissing Qatar Airways for having improperly joined Mehdiyev v. Qatar National Tourism Council, No. 19-cv-03353-DDD-NRN. Teymur Mehdiyev had filed for declaratory judgment of no cybersquatting in connection w...

Entrepreneurs often consider securing exclusive rights for their businesses by patenting their inventions. A patent is a powerful business tool and using it to protect technological advancement can be smart. But like most business tools, patents should be pursued with a detailed strategy in mind ...

An infringing trademark is likely to confuse consumers about the source of the goods or services the mark is being used to advertise. It can lead consumers to believe the advertised goods or services come from somewhere other than where they really come from. It can also cause consumers to believ...

If you're an artist, inventor or other creative person, knowing the difference between copyrights, trademarks and patents is crucial to preserving the rights to your creations. The internet makes it easier than ever to steal someone else's work, take credit for it and even make money from it. Man...