NCAA to Allow Student-Athlete Endorsements
Trademark infringement litigation is used to enforce trademark rights during a pandemic

Trademark Rights during a Pandemic

Enforcing Trademark Rights during a Pandemic In an unlikely scenario, 3M has filed a lawsuit against a reseller of N95 surgical masks to enforce its trademark rights during a pandemic. The reseller, a medical supply company selling surgical masks to NY City for use during the pandemic, was price-gouging city officials.  3M brought suit against Read more about Trademark Rights during a Pandemic[…]

Copyright

Because of Blackbeard, States free to Loot

On March 23, the U.S. Supreme Court held that a state cannot be sued for copyright infringement.  The basis for the Court’s ruling dates back to 1718 and involves the pirate, Edward Teach (aka Blackbeard). In 1718, Blackbeard’s ship sank off the coast of North Carolina. The wreckage was discovered 300 years later, in 1996.  Read more about Because of Blackbeard, States free to Loot[…]

What Does a Patent Do ?

One of the first questions many inventors ask is: What Does a Patent Do, and Why Should I get a patent? What Does a Patent Do? A patent is a grant from the government which provides the receiver of a patent the exclusive right to their invention for a fixed period of time. In exchange, Read more about What Does a Patent Do ?[…]

Copyright Music

Copyright Music – 101 Series

Copyright music, protects two different types of works. Copyright protects the musical composition (the song) and the sound recording. Depending on your artist agreement, you may have the right to re-record and resale your music.

Trademarking government symbols

Trademarking Images of Uncle Sam

Trademarking Governmental Symbols Trademark Law protects a business from unlawful competition by preventing consumer confusion.  Trademarks can be a word, symbol, phrase, sound, scent, packaging or look and feel used to distinguish a particular manufacturer’s or seller’s products from the products of another. Generally, trademarks make it easier for consumers to identify the source of Read more about Trademarking Images of Uncle Sam[…]

Trade Secret Protection

Trade Secret Protection

Trade Secret Protection allows a business to prevent unlawful disclosure or use of its proprietary information including its financial, business, scientific, technical, economic or engineering information methods and processes. Generally, to qualify the information must not be generally known and must be of value to the business.

Copyright

New Copyright Court

New Copyright Court Last week, the Senate Judiciary Committee approved the Senate version of the Copyright Small Claims Bill.  That bill, known as the Copyright Alternative in Small-Claims Enforcement Act of 2019 now moves out of committee and will go the floor to be voted on by the full Senate.  An identical companion bill, H.R. Read more about New Copyright Court[…]

Acknowledging Use

Acknowledging Use of a Photograph Many people believe they can use someone else’s work as long at they acknowledge that the work belongs to someone else.  However, using someone else’s photo is not permissible just because they provide credit to the photographer.  If someone has permission to use a photo, then they have permission.  If Read more about Acknowledging Use[…]

Copyright

Photograph Fair-Use

When is use of a Photograph Fair-Use? Copyright Infringement Generally, use of someone else’s photograph is infringement, it is not Fair-Use. Copyright Infringement occurs when someone uses a photograph without the permission of the photographer.  The use can include use on the internet, on a webpage, social media, media, advertisement or marketing use. Copyright Infringement Read more about Photograph Fair-Use[…]