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The Legal Landscape of Landscape Design

Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor...
Repost

Infringement in the Reposting: Copyright Lawsuits from Reposted Social Media Content

Infringement in the Reposting: Copyright Lawsuits from Reposted Social Media Content What’s in this article… Ask For PermissionGive Credit To The Copyright OwnerUse A...
The Accidental Franchise

The Accidental Franchise: Trademark Licensing and the Dangers of Overreach

The Accidental Franchise: Trademark Licensing and the Dangers of Overreach What’s in this article… When Might A Franchise Be Formed?What’s The Difference?Why Does The...

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

Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite What’s in this article… If You Want To Copyright It, You Have To Register ItWhat...

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

A Rose By Any Other Name … But Likely Not a Trademark What’s in this article… Can You Trademark A Plant?Real World Trademark Cases...

Trademark Modernization Act of 2020: Increasing Protective Measures

Trademark Modernization Act of 2020: Increasing Protective Measures What’s in this article… Fighting Fraudulent Applications Through The Trademark Modernization Act of 2020The Trademark Modernization...

No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury

No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury What’s in this article… No Damages, No Case?Proving Loss Of Profits As Loss Of Good...

Fair and Foul in Tech and Copyright

Fair and Foul in Tech and Copyright What’s in this article… What is Fair Use?Practical Analysis of Fair UseConflicts With Fair Use and DMCACan...

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...
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