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Trademarks May Help Companies Skirt Patent Woes

Law360 (June 23, 2010, 5:16 PM EDT) -- Faced with a growing number of obstacles for securing and enforcing patent rights, businesses seeking alternatives for intellectual property protection are turning to trademarks to maintain market exclusivity, according to experts.

While patents safeguard inventions, trademarks protect a name or brand that can eliminate confusion between products and maintain commercial distinctiveness.

“People focus on the importance of patents, but forget that the trademark aspect of distinguishing products for consumers is also really important,” said Lawrence M. Sung, a partner at Dewey & LeBoeuf LLP. “It is...
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