Law Offices of Adam R. Bernstein

Intellectual Property

Trademark Priority
In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. More...
What is Intellectual Property?
Introduction More...
Plant Variety Protection Act
United States patent law has provided patent protection for new varieties of asexually reproduced plants since the 1930s. Congress passed the Plant Variety Protection Act (PVPA) in 1970 to "encourage the development of novel varieties of sexually reproduced plants and to make them available to the public." More...
Copyright Clause
The founding fathers recognized that everyone would benefit if creative people were encouraged to create new intellectual and artistic works. Copyright is established in Article I, Section 8, of the United States Constitution. More...
Works Made for Hire under the 1976 Copyright Act
Under the 1976 Copyright Act as amended, a work is protected by copyright from the time it is created in a fixed form. The copyright immediately becomes the property of the author who created it. Generally, the person who created a work is the author of that work but there is an exception to that rule. Where a work is "made for hire," the employer, not the employee, is considered the author. More...

Areas of Practice

  • Breach of Contract
  • Business Litigation
  • Civil Rights
  • Collections
  • Construction Law
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