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]
Is Your Invention Patentable? A Strategic Guide for Innovators Navigating Patent Law
For inventors and entrepreneurs, conceiving a new product or process is only the first step. The next, often more complex question is: Is my invention patentable? This question isn’t just academic—it can define your path to market, shape your fundraising potential, and protect your competitive edge. Patent law, however, is technical, jurisdiction-specific, and highly strategic. Understanding what makes an invention patentable—and what common pitfalls to avoid—can make the difference between securing meaningful rights and seeing your idea copied without recourse. This guide walks you through the essential elements of patentability and the practical steps every inventor should take to position… [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]
Consistency in Trademark Use: What Every Business Needs to Know
Consistency in use of a trademark over time is crucial for several reasons, all of which contribute to the strength, value, and enforceability of the trademark. That is, you should use your mark in the same manner, each time you use it. If the mark is two words, such as “GREAT MARK,” use it always as two words and not combined as one word. If you have a mark with two elements combined into one, such as “GREATMARK,” use it always as combined elements as one word. Here’s why maintaining consistency is important: Brand Recognition: Consistent use of a trademark… [read more]
NFTs, Source Identification, and the Power of Unfair Competition Law
As copyright protections expire, many creators and businesses are left wondering what recourse exists when their original works are used without permission in new formats—especially in emerging digital ecosystems like NFTs. While copyright law has a limited duration and stricter originality requirements, unfair competition law, including trademark and trade dress principles, provides ongoing protection that can be leveraged in ways copyright cannot. This is especially relevant in the context of non-fungible tokens (NFTs), where the source-identifying function of the digital asset becomes critical. NFTs as Indicators of Source or Authenticity In essence, an NFT (non-fungible token) can serve as… [read more]
