Are Intellectual Property Rights Constitutional?

Joe Legaspi
July 9, 2016

Are Intellectual Property Rights Constitutional?

What do you really know about Patents, Trademarks, and Copyrights?  What are Trade Secrets?  The answers to these questions and many others are covered in this episode of the podcast.

We spoke with Ed Keusey, a patent attorney, about the relationship between Intellectual Property (IP) rights, The Constitution, and the Federal Government’s growing overreach in these areas.  The Federal Government’s creeping encroachment in these areas are hampering business and innovation in our country and the first step to stopping this and rolling back the tyranny is to become conscious of what The Constitution says about it and what we can do in this current day and age.

These are important issues during a time of entrepreneurial spirit, technological creativity, and emerging markets.  If you have great ideas, products, or services, how are you able to protect them in a way such that you can maximize your enjoyment of the fruits of your labor?

RedskinsAnd hey, Redskins fans, we breakdown the Redskins trademark controversy. 

So give a listen.  Just click on the microphone button in the upper right corner of this post and let the conversation begin.  You can posit your questions or provide your insights and feedback in the comments section below.

Ed Keusey is Senior Patent Counsel at Keusey & Associates, an intellectual property law firm located in Virginia, a short distance from the United States Patent Trademark Office.  Ed graduated from Columbia University’s School of Engineering and Applied Science with a Bachelor’s of Science degree in Industrial Engineering.  He earned his Juris Doctor from St. John’s University School of Law in New York City.  Ed is admitted to practice law in Virginia, New York, and Connecticut.  In addition, he is a registered Patent Attorney and has practiced exclusively in the are of intellectual property law for over 25 years.

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Links:

Patent Rules Case

  • Tafas v. Dudas, 541 F. Supp. 2d 805 (E.D. Va. 2008)
  • Tafas v. Doll, 559 F.3d 1345, 1352 (Fed. Cir. 2009) vacated 328 Fed.Appx. 658 (Fed. Cir. 2009) (quotingTafas v. Dudas, 541 F. Supp. 2d 805 (E.D. Va. 2008)).
  • Tafas v. Kappos, 586 F.3d 1369 (Fed. Cir. 2009)

Copyright Extension Act

  • http://www.copyright.gov/legislation/s505.pdf

Trademark Cancellation of REDSKINS

  • Blackhorse v Pro Football 
  • http://cases.justia.com/federal/district-courts/virginia/vaedce/1:2014cv01043/308029/161/0.pdf?ts=1436456020

Keusey & Associates Website: www.HighTechAttorneys.com

If you have questions or comments for Ed, you can reach him by email at:  Ed@HighTechAttorneys.com