theIPCenter

Advancing the Power of Imagination®

Washington Redskins new name may involve 5 steps Trademarking a New Name

5 Steps To Trademarking a New Name

Based on the trademark issues when Washington decided to change their football team’s name, you should follow the following 5 steps when choosing a new trademark.

Intersection between Copyright and Trade Secret Protection

When protecting computer code, your failure to properly protect the trade secret can result in a loss of IP rights. If you wish to protect a trade secret, the copyright office allows you to keep portions of the computer code a secre.

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[…]

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.