Patent law protects the unique inventions of American individuals and businesses. Unfortunately, some people abuse the power to sue for patent infringement, forcing honest businesses to defend themselves and costing them time and money.
A piece of software may not be as emotionally affecting as a novel, painting or song, but it is also an original work that is entitled to copyright protection under federal law. With the commercial possibilities that new software might present, making sure that its author is the only one who can lay claim to it is very important.
To prove trademark infringement, the allegedly aggrieved party must prove, among other things, that the defendant’s use of the trademarked material is likely to cause confusion among average consumers. In other words, if a consumer would see the plaintiff’s name or logo on a piece of the defendant’s merchandise and believe the item came from the plaintiff.