Alerts: Intellectual Property Law
Impending WHOIS Data Blackout Is Likely to Impede IP Enforcement
On May 25, 2018, the European Union's new General Data Protection Regulation (GDPR) will take effect.
May 10, 2018
Alerts: Intellectual Property Law
Publishers Beware: New Ruling Says Embedding May Infringe Copyright
New York Court Holds Embedding Social Media Posts May Constitute Copyright Infringement.
February 21, 2018
Alerts: Intellectual Property Law
Deadline: Are Your Copyright Office DMCA Agent Registrations Up to Date?
December 31, 2017 is the deadline for certain online service providers to update their Digital Millennium Copyright Act ("DMCA") agent registrations on the US Copyright Office's new online registration system.
December 18, 2017
Alerts: Intellectual Property Law
Beware of Trademark Solicitation Scams
Trademark solicitation scams are on the rise. If you receive correspondence about your trademarks from someone other than your trademark attorneys — correspondence that looks like an invoice or an offer for trademark services — it may not be legitimate. Here's a summary of what the scams look like and what you should do about them.
September 5, 2017
Alerts: Intellectual Property Law
Boston Restaurant Could Not Enforce Geographically Descriptive Trademark Against Celebrity Chef
In a closely watched trademark battle with implications for food, beverage and other industries, a federal court has found for celebrity chef and television personality Christopher Kimball and his new media company, CHRISTOPHER KIMBALL'S MILK STREET. An allegedly competing business, MILK STREET CAFÉ, had sued CHRISTOPHER KIMBALL'S MILK STREET, arguing that Kimball's use of CHRISTOPHER KIMBALL'S MILK STREET was likely to cause confusion with MILK STREET CAFÉ.
August 30, 2017
Alerts: Intellectual Property Law
Supreme Court Strikes Down Lanham Act Prohibition on Registration of Disparaging Trademarks
On June 19, 2017, the Supreme Court unanimously ruled in Matal v. Tam that Section 2(a) of the Lanham Act, which prohibits the federal registration of disparaging trademarks, is unconstitutional because it violates "a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend."
June 20, 2017
Alerts: Intellectual Property Law
#Covfefe: Trending - But Can You Register It As a Trademark?
President Trump recently tweeted, without context, "Despite the constant negative press covfefe". Within minutes, the Internet was ablaze with commentary, speculation, and humor regarding the newly invented term.
June 9, 2017
Alerts: Intellectual Property Law
Federal Appeals Court Weakens DMCA Safe Harbor Protection for Moderated Online Content
If you're an online publisher or other internet service provider ("ISP") that relies on moderators to police or curate user-generated comments or other content, your risk of liability for copyright infringement just increased.
May 2, 2017
Alerts: Intellectual Property Law
Supreme Court Supports Copyright Protection for Fashion and Industrial Designs
On March 22, 2017, the Supreme Court ruled in Star Athletica v. Varsity Brands that copyright law can protect designs on cheerleading uniforms.
March 23, 2017
Alerts: Intellectual Property Law
Does IP Law Protect Cake and Pastry Designs?
A chef who created a cake for President Obama's inauguration in 2013 recently tweeted a photograph showing two cakes. According to the chef, one was created for the Obama inauguration and the other was for an inaugural ball for President Trump. The Trump cake baker apparently admitted copying the Obama cake design (and stated the proceeds would be donated to a charity). So among the many legal questions raised by the new Trump administration, there lies an interesting IP question: can a baker, chef or restaurateur use intellectual property law to protect a cake or pastry design?
February 3, 2017
Alerts: Intellectual Property Law
Ten Resolutions for a Happy and Healthy Trademark Portfolio
Here are our top ten resolutions to ensure your trademark portfolio is happy and healthy.
January 4, 2017
Alerts: Intellectual Property Law
Supreme Court Redefines Scope of Legal Protection for Design of 3D Objects
Here's important legal news for product designers, manufacturers and distributors.
December 9, 2016
Alerts: Intellectual Property Law
Copyright Infringement: Get Ready for New DMCA Agent Designation Rules
Out with the old, in with the new. That's the latest slogan of the Copyright Office which, on December 1, 2016, finally brings its nearly 20-year old system for designating Digital Millennium Copyright Act ("DMCA") agents online.
November 30, 2016
Alerts: Intellectual Property Law
Lack of Documentary Evidence Sinks Two Recent Trademark Applications
Business owners do not have to wait until they are actually using a trademark in commerce before seeking to register it with the Trademark Office.
October 28, 2016
Alerts: Intellectual Property Law
Get Ready for New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board (the "Board") has announced a number of changes to the Trademark Rules of Practice, to take effect on January 14, 2017.
October 19, 2016
Alerts: Intellectual Property Law
Thinking of Licensing Your Brand Abroad?
Licensing a trademark abroad - for manufacture or distribution of goods or services - is not easy.
October 6, 2016
Alerts: Intellectual Property Law: Technology Law
Are Augmented Reality Games Liable for Depictions of Buildings, Trademarks or Artwork?
In the few weeks since its release, Pokémon™ GO has dominated the interactive entertainment landscape. The augmented reality game has reportedly achieved more than 30 million downloads and lots of buzz. But as its popularity grows, so do questions about its legal implications - including the use of landmarks, buildings, monuments, and other frequented locations.
July 27, 2016
Alerts: Intellectual Property Law
Will Brexit Impact my Trademark Rights in Europe?
Rest easy, trademark owners! While the UK has voted to leave the European Union, it is expected to take at least two years for that to occur. Here is what trademark owners need to know.
June 24, 2016
Alerts: Intellectual Property Law
Supreme Court Rules on Availability of Attorneys’ Fees in Copyright Cases
In the US, attorneys' fees generally are not available to the winning party unless authorized by statute or the parties have agreed to permit a fee award. Copyright law is one area where fee shifting is permitted, and courts have discretion to award a "reasonable" fee to the winning party. How do courts decide?
June 24, 2016
Alerts: Commercial Litigation: Employment Law: Intellectual Property Law
New Federal Law Expands Trade Secrets Protections
There's good news for companies that rely on trade secrets.
May 12, 2016
Alerts: Intellectual Property Law
Supreme Court Decision Will Clarify Copyright Protection for Fashion Designs
On Monday, the Supreme Court agreed to hear arguments in Star Athletica v. Varsity Brands, which could set the stage for greater clarity in copyright law in the fashion and design industries.
May 4, 2016
Alerts: Entertainment Law: Intellectual Property Law
Ruling Maintains That Fair Use Must Be Considered Before Issuing Copyright Takedown Notices
The Ninth Circuit declined to review its earlier opinion in Lenz v. Universal Music Corp. that copyright holders must consider fair use before seeking to remove allegedly infringing content from websites such as YouTube and Facebook.
March 18, 2016
Alerts: Intellectual Property Law
Federal Court Rules that Ban on Offensive Trademarks is Unconstitutional
Here's some big news for anyone who owns -- or is contemplating registration of -- a trademark that may offend certain audiences. The Federal Circuit Court of Appeals ruled on December 22nd that a law banning the registration of disparaging trademarks is unconstitutional.
December 23, 2015
Alerts: Intellectual Property Law
Trademark Office Now Permits Amendment of Registrations to Reflect Technological Advances
Here is some big news for trademark owners: Earlier this month, the United States Patent and Trademark Office ("USPTO") began a pilot program to allow owners of registered trademarks to update their registrations to reflect changes to their products made as a result of technological advances.
September 18, 2015
Alerts: Entertainment Law: Intellectual Property Law
9th Circuit Rules That Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notice
Media companies and other copyright holders may need to change the way they deal with infringing content on the Internet.
September 15, 2015
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