Asset Integrity: Why Your IP Schedule Is Lying to You
When was the last time anyone audited your IP schedule against the underlying registries? If the answer is “never” — or “I don’t know” — the schedule attached to your last fund Aged Trial Balance or M&A package was probably wrong. The fix is structural. Every IP schedule is a snapshot. Every snapshot is wrong by the time it is delivered. The question is not whether the schedule is current — it is whether the variance between the schedule and reality is small enough to defend, and whether the underlying records support reconstruction when challenged. For most companies, the answer… [read more]
10 Legal Strategies for Overcoming a Fair Use Defense in Copyright Infringement Cases
Copyright owners face a significant challenge when an alleged infringer asserts a fair use defense—a doctrine that permits limited use of copyrighted material without permission under certain conditions. While fair use is a flexible and fact-specific legal standard in the US, it is not absolute. Keep in mind the Four Factors of Fair Use: Purpose and Character of the Use Nature of the Copyrighted Work Amount and Substantiality of the Portion Used Effect on the Potential Market or Value of the Work In many cases, copyright holders can successfully rebut this defense with the right evidence and legal arguments. Below… [read more]
Enforce Your IP at the U.S. Border: A Guide to CBP Recordation
Counterfeit goods and unauthorized imports can severely undermine your brand’s reputation, reduce revenue, and expose consumers to risk. Fortunately, US rights holders have a powerful—but underutilized—tool to fight back: recording their trademarks and copyrights with US Customs and Border Protection (CBP). CBP plays a frontline role in enforcing intellectual property (IP) rights at US ports of entry. By recording your registered trademark or copyright with CBP, you empower federal agents to seize counterfeit or infringing goods at the border before they ever reach the market. Here’s what you need to know to leverage CBP’s IP enforcement capabilities. Step 1: Submit… [read more]
Understanding Fair Use: Navigating Copyright Exceptions for Creative and Commercial Use
Fair Use Doctrine: What It Is and Why It Matters Fair use is a foundational doctrine in U.S. copyright law, providing a flexible, case-by-case exception to the exclusive rights of copyright owners. It exists to promote freedom of expression, scholarship, commentary, and innovation by allowing certain uses of copyrighted material without prior permission. Whether you’re a creator, educator, journalist, or business owner, understanding how fair use works is critical—especially as digital content continues to blur the line between original and derivative works. Key Factors Courts Consider When Evaluating Fair Use The fair use analysis involves a balancing test based on… [read more]
IP Risks and Strategies for Crypto Hedge Fund Managers: What You Need to Know
As cryptocurrency and blockchain-based investments mature, crypto hedge fund managers face a growing list of intellectual property (IP) concerns that differ significantly from those in traditional finance. Blockchain technologies, smart contracts, and token-based platforms introduce novel legal issues that can materially affect a fund’s portfolio, valuation, and long-term strategy. Here, we outline the most pressing IP-related issues that crypto hedge fund managers must understand and proactively address. Patent Risks in Blockchain Investments Patent Risks in Blockchain Investments Blockchain-related innovations are increasingly subject to patent filings by both startups and large technology firms. While the ethos of blockchain development… [read more]
Copyright Essentials: Safeguarding Your Creative Works
Copyright is a fundamental aspect of intellectual property law, designed to protect original works of authorship. This blog entry covers the essentials of copyright in the US, including scope, the registration process, benefits of protection, and key concepts that every creator should understand. What is a Copyright? A copyright is a legal right that grants the creator of an original work of authorship exclusive rights to its use and distribution. Copyright protection begins automatically from the moment a work is created and fixed in a tangible form, whether it’s written down, recorded, or otherwise captured. Types of Works Protected by… [read more]
