Table of Contents

patent copyright & trademark, 6th edition
Patent Copyright & Trademark, 6th Edition
byStephen EliasandRichard Stim ISBN:0873379497
Nolo 2003 (512 pages)

This text provides a clear overview of patent, copyright, trademark and trade secret law, with plain-English definitions of legal terms.

Table of Contents
Patent, Copyright & Trademark, 6th edition
Part 1 - Trade Secret Law
Chapter 1 - Overview
Chapter 2 - Definitions Trade Secret Law
Chapter 3 - Statutes Trade Secret Law
Part 2 - Copyright Law
Chapter 4 - Overview
Chapter 5 - Definitions Copyright Law
Chapter 6 - Sample Forms Copyright Law
Chapter 7 - Statutes Copyright Law
Part 3 - Patent Law
Chapter 8 - Overview
Chapter 9 - Definitions Patent Law
Chapter 10 - Forms Patent Law
Chapter 11 - Statutes Patent Law
Part 4 - Trademark Law
Chapter 12 - Overview
Chapter 13 - Definitions Trademark Law
Chapter 14 - Forms Trademark Law
Chapter 15 - Statues Trademark Law
List of Figures
List of Tables
List of Code Examples
List of Sidebars

From “prior art” to “palming off,” intellectual property law is rife with confusing terminology. Yet anyone who is a player in the information age, business world or creative arts needs to understand this language to deal intelligently with such issues as:

  • determining who owns original work or commercial information
  • protecting and enforcing your rights
  • resolving conflicts over intellectual property
  • transferring ownership rights

Patent, Copyright & Trademark provides the straightforward, plain-English information you need to:

  • get the basics behind intellectual property law
  • look up plain-English definitions of legal terms
  • find out how to protect your intellectual property
  • understand how intellectual property affects the Internet

Exhaustively updated, the 6th edition provides all-new information regarding the protection of idea submissions and fictional characters, new uses for end-user agreements, the failure of UCITA, the Supreme Court’s ruling in the “Victoria’s Secret” case—and much, much more! Also includes expanded information on the Digital Millennium Copyright Act, the effect of trademark law on domain names, and the use of names as trademarks.

About the Authors

Stephen R. Elias is the author of many Nolo titles, including Trademark: Legal Care for Your business & Product Name, Legal Research, and Domain Names: How to Choose & Protect a Great Name for Your Website.

Richard Stim is the author of several Nolo books, including License Your Invention, Music Law, and Getting Permission: How to License & Clear Copyrighted Materials Online & Off.

Patent, Copyright & Trademark, 6th edition

By Attorneys Stephen Elias and Richard Stim


APRIL 2003


Richard Stim


Sasha Stim-Vogel

Cover Design

Toni Ihara


Susan Putney


Sheryl Rose


Arvato Services, Inc.

Elias, Stephen.

Patent, copyright & trademark / by Stephen Elias and Richard Stim. — 6th ed.

p. cm.

Includes index.

ISBN 0-87337-949-7

1. Intellectual property—United States—Popular works. I. Title: Patent, copyright, and trademark. II. Stim, Richard III. Title.

KF2980.E44 2003

346.7304’8—dc21 2003045890

Copyright 1996, 1997, 1999, 2000, 2002 and 2003 by Nolo and Richard Stim.
ALL RIGHTS RESERVED. Printed in the U.S.A.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission.

Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use.

For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, CA 94710.


I dedicate this book to my uncle Paul and aunt Laverne, who taught me that curiosity is the best policy.


Read This First

The information in this book is as up to date and accurate as we can make it. But it’s important to realize that the law changes frequently, as do fees, forms and other important legal details. If you handle your own legal matters, it’s up to you to be sure that all information you use—including the information in this book—is accurate. Here are some suggestions to help you do this:

First, check the edition number on the book’s spine to make sure you’ve got the most recent edition of this book. To learn whether a later edition is available, go to Nolo’s online Law Store at or call Nolo’s Customer Service Department at 800-728-3555.

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Finally, while Nolo believes that accurate and current legal information in its books can help you solve many of your legal problems on a cost-effective basis, this book is not intended to be a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional, consult an attorney licensed to practice in your state.

About the Authors

Stephen Elias received a law degree from Hastings College of Law in 1969. He practiced in California, New York and Vermont until 1980 when he decided to make a full-time career of helping non-lawyers understand and use the law. Steve has written and edited over 30 books for Nolo including six books on intellectual property law.

Richard Stim is an attorney specializing in intellectual property and an editor at Nolo. He is the author of seven other intellectual property books including Getting Permission: How to License and Clear Copyrighted Materials Online and Off (Nolo); Music Law: How to Run Your Band’s Business (Nolo); and License Your Invention: Sell Your Idea and Protect Your Rights With a Solid Contract (Nolo). He enjoys watching movies but not if they’re longer than 2 hours.