Why Register My Copyrights? The Benefits of Copyright Registration
Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs, recordings, logo designs, website content, software code, and the like. The creator of the work automatically obtains copyrights in the work and is immediately … Read More
What’s in a Name? Trademark Strength in the Blockchain Space
Following the recent investment frenzy in cryptocurrencies, blockchain technology has seemingly reached mainstream status. Many different uses for this technology have emerged and are disrupting public and private-sector industries across the globe. Hundreds of new businesses are created in this space annually, and blockchain related trademark filings in the U.S. are increasing. Despite the increasing quantity, … Read More
Fair Enough: The “Fair Use” Defense to Trademark Infringement
In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement. There are two categories of trademark fair use:
Classic Fair Use: When someone else's trademark is used to refer to the user's goods or … Read More
When Social Media Takedown Notices Aren’t Enough
Social media usage has exploded during the past 13 years and has permanently transformed the way products and services are marketed and sold. Social media platforms include many different online destinations such as social networking sites, blogging sites, and rating and review sites. The availability and proliferation of so many online destinations has expanded the opportunities for businesses and brand owners to … Read More
Good Time to Try to Register that “#!$@*!ing” Trademark?
On June 19, 2017, the U.S. Supreme Court struck down the disparagement clause of the Lanham Act (15 U.S.C. § 1051 et seq.) in Matal v. Tam (137 S. Ct. 1744), holding that it violates the First Amendment’s free speech clause.
Before the Matal v. Tam decision, the United States Patent and … Read More
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
Bring Your Own Device (BYOD) Seminar
Laura Rogal and Neal Bookspan are presenting on BYOD (mobile devices in the workplace) policies.
What: They will address issues and tips related to Bring Your Own Device (BYOD) policies to allow your company to easily implement a program that increases productivity, reduces risk, and keeps proprietary information safe.
Where: Seminar is at the offices of Jaburg Wilk, 3200 North Central, … Read More
Talk to Your Lawyers Now
Talk to Your Lawyers Now
What: Laura Rogal, an attorney at the Phoenix law firm of Jaburg Wilk will be speaking on how to get the most out of the attorney/client relationship.
Where: The Quad 6300 E Thomas Rd, Scottsdale, AZ 85251
When: Thursday February 23, 2017 10:00am - 10:45am
Why Employers Need Social Media Policies
Although social media is great for developing business, expanding a brand or building a network, it is not without pitfalls. There are an increasing number of cases where an employee’s use of social media has created problems for the employer. The best practice is to maintain a well-written social media policy. Real-world problems can and do arise from the use of social media. & … Read More
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