Category

Intellectual Property
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 Involving How Can You Proctect Your Plant IP Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have...
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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 Will Can Also Qualify As Damages In a highly competitive marketplace, established companies sometimes use a variety of means to suppress emerging companies and its branding that may or may not...
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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 You Know For Sure That You Are Covered By “Fair Use” In a world of bustling creativity and a thriving technology industry, it is essential for businesses and startup companies to...
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TTAB Decisions Have Preclusive Effect on Later Litigation TTAB Decisions – In yet another intellectual property-focused case, the Supreme Court has ruled that a decision by the Trademark Trial and Appeal Board (TTAB) may have a binding, preclusive effect on later litigation in a federal district court. The opinion came with a narrowed focus, allowing...
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SCOTUS Ushers in New Year with Trademark Ruling Trademark Ruling – With the New Year comes new decisions being handed down by the Supreme Court, and there have already been a handful related to intellectual property. You may remember our earlier case preview for Hana Financial v. Hana Bank in which the Supreme Court would...
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Intellectual Property Law - No Dull Moments
Intellectual Property Law – No Dull Moments Intellectual Property Law – With Labor Day quickly approaching, and Back-to-Work and Back-to-School mentality haunting many of our minds, it’s a good time to reflect on what’s transpired in the IP world so far this year. From the Trademark Trial and Appeal Board (TTAB) revoking the Redskins’ registered...
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Three Intellectual Property Protections
Three Intellectual Property Protections – Navigating Different IP Protections Three Intellectual Property Protections – You now have a business and with it, a whole lot of ideas on how to brand it, market it, and make big waves in the industry. But how do you navigate the different types of intellectual property regimes to go...
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Recent Articles

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Repost
Infringement in the Reposting: Copyright Lawsuits from Reposted Social Media Content
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The Accidental Franchise: Trademark Licensing and the Dangers of Overreach
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