Intellectual Property
Trademark a plant? Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have bred and created be trademarked? A Rose By Any Other Name … But Likely Not a Trademark What’s in this article… Can You Trademark A Plant? Real World Trademark...
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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 No Damages, No Case? The Importance of Cognizable Damages in Trademark Infringement Claims In a highly competitive marketplace, established companies sometimes use a variety...
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Fair and Foul in Tech and Copyright What’s in this article… What is Fair Use in Copyright Law? Practical Analysis of Fair Use Conflicts With Fair Use and DMCA Can You Know You Are Covered By “Fair Use” In a world of bustling creativity and a thriving technology industry, it is essential for businesses and...
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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

Copyright Ownership of AI-Generated Art
September 5, 2023
Rights and Priorities: Foreign Trademark Applicants and Section 44
May 1, 2023
Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith
April 7, 2023