Jaburg Wilk

IP Law

  • Top 7 Reasons Why Websites Need a DMCA Agent

    The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used.  It governs the majority of US-based websites and internet service providers.    

    What is a DMCA agent?

    In order to employ the safe harbor protections offered by the DMCA, certain types of internet service providers have … Read More

    Categories: IP Law, Internet and Technology, Article

  • Trademark Owners Beware of Chinese Domain Name Marketing Ploy

    Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark Office, including: 

    Constructive notice nationwide of the trademark owner’s trademark rights

    Preventing others from … Read More

    Categories: IP Law, Internet and Technology, Article

  • Supreme Court Rules on Cheerleader Uniform Case

    US Supreme Court Rules on Star Athletica, LLC v. Varsity Brands, Inc.

    On March 22, 2017, the Supreme Court rendered its decision in what many refer to as the cheerleader uniform case.  Star Athletica, LLC v. Varsity Brands, Inc.

    The Court decided whether designs on cheerleader uniforms were entitled to copyright protection.  Copyright law protects “pictorial, graphic or sculptural … Read More

    Categories: IP Law, Intellectual Property, Blog

  • Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

    Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released … Read More

    Categories: IP Law, Internet and Technology, Article

  • Celebrity Brands: The Line Between Fair Use and Infringement

    All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional brands such as Harley Davidson and Tesla have fans; this dilemma is most often faced by celebrities. A cease and desist letter to a loyal fan can show up on social media with negative … Read More

    Categories: IP Law, Intellectual Property, Article