Blog Posts: Intellectual Property

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides significant legal benefits, including nationwide protection and the presumption of ownership. Federal registration is a smart investment for most businesses. Here is a breakdown of the key steps in the trademark registration process. 1. Preliminary Clearance Search Before filing, i...

A trademark is a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services of one party from those of others. Essentially, a trademark is your brand’s identity in the marketplace. It allows consumers to recognize and trust the products or services you offer. Trademarks can include business nam...

The United States Patent and Trademark Office is increasing its filing fees for filing trademarks effective January 18, 2025. Our firm has adjusted its flat fees based on these price increases. Our new trademark fee schedule can be found here. We have not increased our search fees.The new filing fees are not only higher, they are more complex. The USPTO had ins...

In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content, AI is revolutionizing how images are created, shared, and consumed. This technological progress also raises complex legal questions, especiall...

As discussed in my previous article, recent guidance from the Copyright Office and subsequent judicial opinions supporting the Office’s position have made it clear that purely AI-generated works are not protectable by copyright. One of the primary principles underlying this view is the high value placed on human creativity. Copyright law is aimed, first and forem...

As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents both challenges and opportunities as stakeholders grapple with defining authorship, ownership, and infringement in a landscape where machines are...

Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the brand owner’s website—to compete with the brand owner, to attract attention to different offerings, or to disrupt their competitor’s b...

Social media is causing defamation claims to become more common. There are several areas for consideration if you feel your business has been defamed. First, what is defamation? Expressing an opinion is not defamation. For example, if someone claims that the pizza at your pizza parlor “sucks” or “tastes terrible.” That is not defamation. It is just their o...

The Lawsuit Against Tarantino On November 16, 2021, Miramax filed a lawsuit against famed film director Quentin Tarantino, alleging breach of contract, copyright infringement, trademark infringement, and unfair competition. While intellectual property legal disputes are nothing new in Hollywood, the non-fungible token (“NFT”) subject matter makes the case nove...

Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber space are far more likely to be the subject of unauthorized copying. This may be the result of people's misconception about copyright protectio...