If you have followed the news lately, you’ve probably have heard about the United States Patent and Trademark Office’s (USPTO) board decision to cancel the Washington Redskin’s federal trademark registrations covering their name and graphical logo. The USPTO had determined that the term, “Redskin” and the graphical logo associated with the NFL team, violated trademark […]
Many businesses are dealing with the impacts of Colorado’s foray into recreational marijuana. Often, this uncertainty is focused on how the new laws and regulations will be implemented. While compliance with the Colorado regulatory framework is often the first priority of companies associated with the marijuana industry, another important legal issue is lurking below the […]
Gammers Teach us a lesson on the perils of shifting 3rd Party IP Policies.
Before Christmas a client gave me a heads up about some new developments in Youtube’s Content ID System that was causing an uproar in the gamming community and others who monetize their YouTube videos. The conflict stems from what appears to be […]
Weird Al doing a Michael Jackson song parody?
In our practice, we deal not only with the enforcement of intellectual property rights, but we also do a fair amount of defense of accused infringers. One of the surest ways of getting into an intellectual property dispute (aside from illegally downloading movies using BitTorrent) is to make […]
In the first part of this article, I discussed what trademarks are, what they protect and what factors courts generally use to determine if a trademark has been infringed. In this installment I will be discussing how courts have dealt with the rise of keyword advertising and the use of trademarks in keyword advertising.
In the […]
A Fools Bargain: Want to Sue Over Keyword Advertising? Think Again.
One thing is guaranteed, the law will always lag technology. That’s just the way it is. However, eventually the law catches up and usually comes up with the right result. Such is the case with paid search advertising such as Google Ad-words. In case you […]
A few months ago, I attended an intellectual property conference where the head IP counsel for Twitter discussed its new Innovator’s Patent Agreement, or IPA.
A few of the panel members hailing from academic institutions were drooling over the IPA as a revolutionary new path for companies to take with regard […]
Sometimes keeping quiet about a new product, service or venture can be difficult. While it may be difficult to fight the urge to tell everyone on the street all about your new innovative process, formulation or gadget, it is wise for a business to take a bit of time and see whether the new innovation […]
At some time or another, anyone who produces a product or commercializes a copyrightable work will inevitably run into the situation where you see your products being resold by someone that is not you or one of your direct distributors.
Oftentimes, this becomes an issue for a business because of the price at which the items […]
At first glance, the popular answer may be “Absolutely nothing.” But those three seemingly unrelated topics might actually have a profound effect on your business and the quality of your intellectual property legal representation.
Yahoo made some waves last month by issuing an edict that […]
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