Blog Posts: Intellectual Property

One of the important benefits that come from registering copyrighted works early is the ability to seek statutory damages and attorney’s fees from a copyright infringer in a lawsuit. It is only when copyright owners register their work before copyright infringement begins (or within three months after first publication of that work) that they become eligible for ...

In late 2019, the U.S. Court of Appeals for the Third Circuit held Amazon liable as the seller of a third-party's dog collar that broke causing the retractable leash to recoil, hitting and blinding the purchaser in one eye. The court strained to find a remedy for the injured woman when the actual third-party seller of the leash had disappeared. In yet another insta...

Although many business owners have a general idea of the concept of intellectual property, most are not as familiar with the different types of intellectual property and what can be protected. This can be an expensive learning curve given that intellectual property often represents one of the largest asset classes a business owns. Intellectual property is generally...

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a trademark can accumulate significant goodwill. Consider the value of top brand names, such as Apple, Google, and McDonalds. Apple’s brand rec...

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...