Intellectual Property News

March 2005 Newsletter

Cybersquatters Attempt to Profit from the Trademarks of Others
With the proliferation of online business and advertising in the 1990s, the demand for domain names (Internet addresses) that are in some way relevant to a website's source or content increased dramatically. The pool of available domain names rapidly began to disappear as people scrambled to register popular names, resulting More...

Trademark Infringement & Unfair Competition
Trademarks are important tools used to protect both consumers and sellers of goods or services. Trademarks identify the origin or source of a good or service, allowing consumers to make informed decisions regarding quality. Trademarks also establish goodwill of businesses that are able to associate the quality of their good. More...

Consequences for Failure to Use a Trademark
Once a trademark is properly established the holder owns the mark and all associated exclusive rights therein. However, in order to maintain the rights in a trademark, the owner must "use" the mark in commerce. The "use" must be a genuine use of the trademark in the ordinary course of More...

Copyright Law: Distinguishing Between Musical Works and Sound Recordings
In general terms, federal copyright protection extends to "original works of authorship fixed in any tangible medium of expression." Pursuant to Section 102 of the federal Copyright Act (the Act), works of authorship include, among other categories: Musical works, including any accompanying words; and Sound recordings. As these two categories. More...

The Special Moral Rights of Visual Artists Under VARA
Under the Berne Convention for the Protection of Literary and Artistic Works, visual artists have "moral" rights in their copyrighted works. Implemented through the Visual Artists Rights Act of 1990 (VARA), these "moral" rights generally provide the visual artist with additional protection against the "distortion, mutilation, or other modification of More...

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