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Law Blog
Repost
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 Repost AppFair Use Social media sites like Facebook, Instagram, TikTok, or Pinterest present a variety of complicated (and sometimes frustrating) copyright issues for users.  Social media content often involves copyrighted music,...
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The Accidental Franchise
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 Franchise Vs. License Distinction Matter?How Is A Franchise Created?How Can A Franchise Be Avoided? The word “franchise” likely brings to mind big brands like McDonald’s, Dunkin’, 7-Eleven, or Taco Bell, among...
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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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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) has believed that “generic.com” domain names were almost always generic and therefore not registrable under trademark law. However, the Supreme Court’s nearly unanimous decision in USPTO v. Booking.com (2020) 591 U.S....
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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 called an ornamental refusal. If you receive a trademark ornamental refusals, it means your registration of your applied-for mark has been refused because your mark is essentially merely decorative. That is,...
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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: the Principal Register and the Supplemental Register. Online retailers, most notably Amazon’s brand registry, have primarily given preference to the Principal Register. This is because registration on the Principal Register affords...
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Unpaid Invoice
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 for buyers and sellers of goods. From unpaid invoices to the inability to fulfill an order, your business may be dealing with issues that are increasingly becoming more common. It is...
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rejected custom order
REJECTED CUSTOM GOODS & SELLER’S REMEDIES Rejected Order? In a time when you can sell or purchase products from virtually anywhere in the world, there are many potential problems you can run in to as a seller, especially when you produce customized products. For example, let’s say you’re a seller of custom goods. You don’t...
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Renewing Your Trademark
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 are not done in ensuring your mark stays registered and protected. Your trademark application must be renewed 5-6 years after your first registration in order to maintain that registration. You must...
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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 something called “deceptively misdescriptiveness.” Your first question is probably “what does that even mean?” A mark is considered deceptively misdescriptive if it describes an ingredient, quality, characteristic, function, or feature of...
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Recent Articles

The Accidental Franchise
The Accidental Franchise: Trademark Licensing and the Dangers of Overreach
September 6, 2021
Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite
April 26, 2021
A Rose By Any Other Name … But Likely Not a Trademark
April 5, 2021