NCAA Allows Right of Publicity Endorsement
NCAA announced new rules which would allow Athletes to receive compensation for their Rights of Publicity, the use of their name and likeness.
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[…]
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[…]
Design Patent Enforcement
Enforcement of Design Patents is expensive. A new law, if passed, will allow inventors to stop infringing products easier and cheaper.
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 – 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 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[…]
Iron Man 3 Copyright Infringement claims dismissed
As recently illustrated in the Iron Man 3 Poster Lawsuit, direct evidence of copying is hard to prove in copyright infringement cases. Proof of infringement is often shown by proving: That there is a substantial similarity between the copy and the original; and that the copier had access to the original work.
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.
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[…]