Copyrights and Work for Hire Doctrine Stan Lee, the co-creator and ambassador of the Marvel Universe, died this week. From a copyright perspective, Lee’s legacy is a complicated mess. Marvel, one of the original comic book publishers introduced over 8,000 characters including those created by Stan Lee, Jack Kirby, Joe Simon and Steve Ditko. This Read more about Stan Lee’s Copyrights and Work for Hire[…]
Many people wonder about a Fanciful Trademark? Why should anyone want a fanciful trademark? Generally, trademarks help consumers distinguish one product or service from another by acting as a source identifier. It helps consumers wanting to purchase Quaker Oats branded oatmeal purchase Quaker Oats and not some “knock-off.” Trademark protection offers greater protection for stronger Read more about Fanciful Trademark[…]
Trademark law protects your business against confusion, which can be created by Forward Confusion, Reverse Confusion, Passing Off and Reverse Passing Off. If this occurs, a trademark infringement lawsuit may be necessary to protect your business. Trademark Rights Trademark law functions as a type of unfair competition law and protects businesses against competitors stealing customers or Read more about Trademark Actions – Reverse Passing Off[…]
It seems like Christmas is getting earlier and earlier, with Santa holiday advertisements appearing even before Halloween or Thanksgiving. With Santa appearing so often and so long, overpowering almost every other holiday, one has to wonder who owns Santa. I don’t mean the spiritual visitor, but the name and image Santa Claus which we see Read more about In the name of Santa Claus[…]
Trade dress is a legal term which generally refers to the type of protection which extends towards the way something looks and feels. Like other areas of trademark law, trade dress law protects against consumer confusion. Trade dress protection extends to things like the way a store looks, the way a building looks, clothing, websites, Read more about What Exactly is Trade Dress?[…]
As an Intellectual Property Law firm, we are constantly being asked about the types of intellectual property. Many people know that they want their intellectual property (ie., inventions, ideas, art, writing, etc.) protected, but they are unsure as to what type of intellectual property protection they need. The Intellectual Property Center is here to help. Read more about Your Intellectual Property Questions Answered[…]
As news about the recent verdict in Apple’s patent infringement suit against Samsung makes the rounds on the internet, we thought it would helpful to provide a little insight. However, for those who are interested the amended verdict is available here. The verdict, is simply a copy of the form which was based upon the Read more about Samsung guilty of willful Patent Infringement, owes a billion to Apple[…]
Charlie Sheen has recently filed 22 Trademark Applications related to many of his catchphrases, including “Duh, Winning” and “Tiger Blood,” according to reports.
There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert’s methods are not based on sufficient facts or data, are not reliable, or are not applied Read more about Trademark Infringement Litigation[…]
Trade dress is governed by the same set of laws that protect unregistered trademarks. While traditional trademark law protects words or logos, trade dress law protects the total packaging and design of a product. Because trade dress often serves the same function as a trademark or service mark — the identification of goods and services Read more about Trade Dress Protections[…]