1. 1.1.4

Analyzing trademark claims

Use the IRAC framework

  • Issue
    • Is the defendant infringing the plaintiff's trademark?
  • Rule
    • Consumer confusion?
    • Famous mark that has its reputation harmed?
  • Analysis
  • Conclusion

Novel, useful, and non-obvious?

Method of exercising a cat

Novel, useful, and non-obvious?

Method of swinging on a swing

In accordance with one embodiment of the present invention, a method is provided for swinging on a swing. The swing comprises a seat for supporting a user that is suspended between two chains that are hung from a substantially horizontal tree branch. The method comprises the steps of: a) positioning a user on the seat; and b) having the user pull alternately on one chain to induce movement of the user and the swing toward one side, and then on the other chain to induce movement of the user and the swing toward the other side, to create side-to-side motion. In another embodiment of the invention, the swinging method may be practiced independently by the user to create the side-to-side motion from an initial dead stop. These and other features of the invention are described in greater detail below.

Novel, useful, and non-obvious?

Animal toy

The Race

The first to file a patent with the USPTO gets protection, not the first to invent!

Can you copyright a dance?

Can you copyright a list?

Application and Extensions

  • What kind of IP protection can you obtain for a sculpture?
  • What about trade secrets?
  • I've heard of "trade dress" – what's that all about?