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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...

Justin Bieber & Usher Copyright Infringement

Justin Bieber & Usher Copyright Infringement Justin Bieber & Usher Copyright Infringement – Pop stars Justin Bieber and Usher Raymond will be heading back...

Reasonableness of Copyright Licensing Fees

Reasonableness of Copyright Licensing Fees Reasonableness of Copyright Licensing Fees – A federal district court in New York ruled that Broadcast Media Inc. (“BMI”)...

Google Prevails Over Actress Cindy Lee Garcia

A federal court of appeals reversed an earlier ruling that forced Google to remove a YouTube video portraying an actress making anti-Muslim statements.

Second Circuit Clarifies Polo Trademark Injunction

The U.S. Court of Appeals for the Second Circuit ruled the Polo Association may sell sunglasses with a logo that is similar to the...

Copyright Protection for Recipes – Restaurateur Denied

Copyright Protection for Recipes – Restaurateur Denied Copyright Protection Denied – A federal court ruled that an Ohio restaurateur’s recipes were not protectable under...

TTAB Decisions have Preclusive Effect on Later Litigation

TTAB Decisions Have Preclusive Effect on Later Litigation TTAB Decisions – In yet another intellectual property-focused case, the Supreme Court has ruled that a...

Oprah Wins Round Two Trademark Infringement Case

Oprah Wins Round Two – Trademark Infringement Case Oprah Winfrey claimed a second victory against motivational speaker Simone Kelly-Brown in a trademark battle over...

Graffiti Artists Copyright Infringement Case Moves Forward

Graffiti Artists Copyright Infringement Case Moves Forward Graffiti Artists Copyright Infringement Case – Italian fashion house Roberto Cavalli will be heading to court after...
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