When It Comes to Correspondences, Trust Your Lawyer
Once you file documents like a trademark application, it’s important to know and remember that your contact information from the application is added to a public database — and that makes you and/or your business the potential target of scam artists. This is true whether you file in the United States, Europe, China, or elsewhere. The scams vary: Some of them use the same tactics as other junk mailers, like using the phrase “time sensitive.” Others send invoices from companies you never did business with, with the fine print disclosing that the fee is for appearing in a registry that… [read more]
Transformative Use of Copyrighted Material Is Highly Subjective
In our previous blog article, we explored the concept of fair use and how courts determine whether the use of copyrighted material is permitted without the rightsholder’s permission under the Constitution’s statute. One way to decide whether the fair use law applies is to determine whether the third party engaged in the transformative use of the copyrighted material. New York’s active Second Circuit Court recently ruled on two applicable cases, elucidating the intricacies of fair use. Who’s on First? The Second Circuit decided a very interesting matter about the use of the classic “Who’s on first?” routine by the legendary… [read more]
It’s Fair to Say Fair Use is Complicated
While the framers of the Constitution had no way of predicting the kinds of technology we enjoy today, they did have the foresight to understand the necessity of intellectual property rights. That is why the Constitution gives artists and inventors an exclusive right to their work under Article I, Section 8, Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Out of that Constitutional clause, American copyright law was born, and with it, a qualified exception to the same exclusive… [read more]
What Do Chevrons, Stripes & Romance Have in Common? A US Supreme Court Decision!
If you thought that US Supreme Court justices lacked romantic proclivities, you’re wrong! Some months ago, in a conversation between the justices about a very important copyright issue involving fashion, Justice Stephen Breyer stated, “The clothes on the hanger do nothing. The clothes on the woman do everything.” Justice Elena Kagan immediately interjected with, “That’s so romantic!” Romantic or not, the justices were determining whether or not a feature of a useful article is protectable under Section 101 of the Copyright Act. Star Athletica, LLC v. Varsity Brands, Inc. This case involves two large manufacturers and distributors who compete in… [read more]
IP Considerations: Why They Are Always Important
There are a number and variety of considerations to evaluate when it comes to intellectual property (“IP”) protections. On a base level, the core issues are what you want to protect and where you want to protect it. From that point, an attorney will want to consider what types of protections would provide the best and broadest coverage, while also weighing those considerations against costs and related concerns. And during that whole time you need to ensure that you actually own or control the IP. In the United States, and around the world, copyrights protect works of creative authorship (e.g.,… [read more]
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