Blog Posts: Intellectual Property

Unlike patents and copyrights, obtaining a federally registered trademark requires (among other things) that applicants abide by the “lawful” use in commerce requirement. In other words, the United States Patent and Trademark Office ("USPTO") will refuse to register trademarks used in connection with goods or services that are illegal under federal law....

The United States Patent and Trademark Office USPTO recently announced a significant rule change. Effective August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings must be represented by an attorney who is licensed to practice law in the United States. Why the Rule Change? This new rule ca...

On June 24, 2019, the U.S. Supreme Court issued its decision in Iancu v. Brunetti and struck down a provision in the Lanham Act (15 U.S.C. § 1052(a)) prohibiting the registration of “immoral” and “scandalous” trademarks, holding that it violates the First Amendment. Following this decision, are the doors to the United States Patent and ...

On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the importance of registering their works with the U.S. Copyright Office, especially following the U.S. Supreme Court’s recent ...

Great photographs of your product are essential to a successful Amazon listing. Following certain basic rules is critical to keeping your listing from being shut down. In addition to satisfying the minimum requirements so Amazon permits your listing, there are legal requirements that can sneak up on you if you are not informed. The technical requirements for photo...

The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright owners merely need apply for copyright registration before filing suit and others that required actual registration to issue. In&nb...

With technology invading almost every aspect of our life, intellectual property rights are valuable and complex.  While traditional assets are usually easy to identify, IP assets are not.  Successful business owners and managers know that identifying a problem and solving it is at the heart of maintaining profitability and providing a superior service or ...

In recent years, federal courts across the U.S. have seen a fair share of copyright infringement lawsuits involving peer-to-peer networks such as BitTorrent. In these cases, the plaintiffs are typically feature film or adult film copyright owners who allege that numerous unknown defendants (sued as John or Jane Does) are liable for copyright infringement by downloa...

On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights.  It’s not unusual for copyright owners to believe that it’s just not worth going after some infringers because the cost of attorney fees can quickly exceed the amount of the damages caused by the infringement. ...

Taxes and the internet are not two things typically lumped together. However, last week, the Supreme Court addressed those two issues in the case of South Dakota v. Wayfair, when it re-evaluated the question from a 1992 Supreme Court case as to whether state taxes must be collected if the seller isn’t physically located within the state. Twenty-six years...