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The Accidental Franchise

The Accidental Franchise: Trademark Licensing and the Dangers of Overreach

The word “franchise” likely brings to mind big brands like McDonald’s, Dunkin’, 7-Eleven, or Taco Bell, among others. But forming a franchise relationship is...

Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite

Unlike the United States Patent Act, the Copyright Act of 1976 does not contain any provisions for the arbitration of copyright validity or infringement...

A Rose By Any Other Name … But Likely Not a Trademark

Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have bred...

Trademark Modernization Act of 2020: Increasing Protective Measures

The COVID-19 pandemic has brought about significant changes across our lives, including—believe it or not—in the realm of trademark law. On December 27, 2020,...

No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury

In a highly competitive marketplace, established companies sometimes use a variety of means to suppress emerging companies and its branding that may or may...

Fair and Foul in Tech and Copyright

In a world of bustling creativity and a thriving technology industry, it is essential for businesses and startup companies to be wary of copyright...

Copyright After Death: Ensuring Your Legacy Lives On

Life, Death, and the Pursuit of Copyright Copyright is an intangible asset, but one that you can transfer upon death. It is typical that...

LLC Withdrawal and the Operating Agreement: Know Where the Exits Are Before Creating Your LLC

The limited liability company (“LLC”) has become one of the most desired forms of a closely held business organization. As an unincorporated business entity,...

Nominative Fair Use: One Defense Against a Brand Bully

What are “Brand Bullies”? On top of today’s extremely competitive market, small businesses may be also dealing with a “brand bully.” Also known as...
copyright

Why You Need To Maximize Your Copyright Protection Early

Why You Need to Maximize Your Copyright Protection Early Copyright is a form of protection grounded in the U.S. Constitution granted for original works...

When Unprotected Elements In Trademarks And Copyrights Get You In Hot Water

Trademark and Copyright Issues to Consider With Sales of Athletic Goods and Apparel When can a generic design rise to an infringement of intellectual...

Do Two Generics Make a Trademark Registration?

SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO)...
Trademark Ornamental Refusals - What to Consider

Trademark Ornamental Refusals – What to Consider

Trademark Ornamental Refusals – What to Consider Sometimes, the USPTO will issue eccentric and unusual refusals to a trademark application. One such refusal is...
Supplemental Registration - Pros & Cons - Online Retailers

Supplemental Registration – Pros & Cons – Online Retailers

Pitfalls & Benefits of Owning a Supplemental Registration it you are an Online Retailer. Supplemental Registration – The United States has two trademark registers:...
Unpaid Invoice

Legal Considerations & Covid-19 Pandemic

LEGAL CONSIDERATIONS DURING COVID-19 PANDEMIC: CONTRACTUAL AGREEMENTS AND FORCE MAJEURE With the onset of the COVID-19 pandemic, there is increasing disruption to supply chains...
rejected custom order

Rejected Custom Goods & Seller’s Remedies

REJECTED CUSTOM GOODS & SELLER’S REMEDIES Rejected Order? In a time when you can sell or purchase products from virtually anywhere in the world,...
Renewing Your Trademark

Renewing Your Trademark-Excusable Non-Use

Renewing Your Trademark-Excusable Non-Use Renewing Your Trademark – Even after you have successfully registered a mark with the US Patent and Trademark Office, you...
The Deceptively Misdescriptiveness Rejection

The ‘Deceptively Misdescriptiveness’ Rejection

The ‘Deceptively Misdescriptiveness’ Rejection Deceptively Misdescriptiveness – There are many reasons your trademark application may be denied. One of the more unique reasons is...
USPTO - Primarily Merely a Surname Rejection

The Primarily Merely a Surname Rejection

The Primarily Merely a Surname Rejection Primarily Merely a Surname – You’ve submitted a trademark application and after many months, you finally receive news...

TV-Streaming Service Provider May Seek Compulsory Copyright Licenses

TV-Streaming Service Provider May Seek Compulsory Copyright Licenses TV-Streaming Service Provider May Seek Compulsory Copyright Licenses – In what may be considered a surprise...

Amazon Faces Trademark Infringement Claim

Amazon Faces Trademark Infringement Claim Amazon Faces Trademark Infringement Claim – The U.S. Court of Appeals for the Ninth Circuit found that internet-based retail...
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