Intellectual Property Rights and Bankruptcy

Filing for bankruptcy has significant effects on the filing party under ordinary circumstances; however, the consequences can be especially extensive when intellectual property rights are involved. For example, legal issues may arise for individuals licensed to sell a product (licensee) under another’s (licensor’s) trademark when the licensor has filed for bankruptcy. Intellectual Property Defined Intellectual property Read more about Intellectual Property Rights and Bankruptcy[…]

The Reorganization of Bankrupt Internet Companies

The emergence of the dot-com company has appropriately been referred to as an “Internet gold rush,” characterized at its inception by an energized stock market and ready investors. However, over the past several years, the stock values of several Internet companies have plummeted, raising issues about the bankruptcy process as it is related to debt Read more about The Reorganization of Bankrupt Internet Companies[…]

Does Bankruptcy Affect Your Web Site?

As use of the Internet becomes more widespread, more people will obtain intellectual property rights in Web sites they create and domain names they own. Are these considered assets for the purpose of bankruptcy? Under the bankruptcy code, any intellectual property rights of a debtor are considered property of the bankruptcy estate. However, the bankruptcy Read more about Does Bankruptcy Affect Your Web Site?[…]

Sports Artist Sued Over Painting of Tiger Woods

In 1997, Tiger Woods became the youngest player ever to win the Masters Tournament, setting a 72-hole record for the tournament and a record 12-stroke margin of victory. Although Woods had already been a well-known name in sports, following this tournament, his popularity grew substantially. In 1998, sports artist Rick Rush created a commemorative painting Read more about Sports Artist Sued Over Painting of Tiger Woods[…]

The Abercrombie Formulation: Generic, Descriptive, Suggestive, Arbitrary and Fanciful Marks

The Lanham Act, the federal trademark statute, protects marks that perform source-identifying functions. Specifically, under the Lanham Act, a person must use or intend to use a mark to “identify and distinguish [his or her goods]…from those manufactured or sold by others and to indicate the source [of the goods].” In essence, trademark law places Read more about The Abercrombie Formulation: Generic, Descriptive, Suggestive, Arbitrary and Fanciful Marks[…]

Application Procedures for Trademark Registration

An important way to protect the name of your business or product is by registering the trade name or trademark with the U.S. Patent and Trademark Office (USPTO). Several steps follow the filing of the application. Application If your application meets the requirements of the USPTO, it will be issued a serial number approximately 2 Read more about Application Procedures for Trademark Registration[…]

Functional Design Features May Not Be Protected as Trade Dress

The Lanham Act is a federal statute that generally addresses the registration, use, and infringement of trademarks, trade dress, and related marks. Even though trade dress can be protected under the Lanham Act, the individual seeking protection must first prove that the trade dress is not “functional.” Section 43(a)(3) According to Section 43(a)(3) of the Read more about Functional Design Features May Not Be Protected as Trade Dress[…]

Two Sets of Laws Exist for Copyright Duration

A properly registered copyright will be protected under the federal Copyright Act depending upon when it was registered. There is a different set of laws protecting works created before January 1, 1978. Another set applies to works created on or after January 1, 1978.The focus of this article is the latter. Works Created On/After Jan. Read more about Two Sets of Laws Exist for Copyright Duration[…]