Blog Posts: Intellectual Property

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...

For years, we have been lamenting that our young people spend too muchtimeindoors playing computer games and not enough time outside or connecting with others.Yet, those same critics now condemn young Pokémon Go players who venture out on Pokémon hunts for a myriad of perceived sins including inattentiveness and irresponsible behavior. Critics also re...

In today's global market place, virtually every business has a website, and many of those sites are content-rich. Websites are often filled with original writings and pictures. Much of that original content is marketing, while other content consists of informative articles, tips and guides to grab and keep the attention of visitors to the site. A great deal of time...

Brainstorming and collaborating frequently produces superior work.  For that reason, it is not surprising that many creative works, in the art and literature world, as well as in the business world, are the result of co-creation.  Unfortunately, it is common for disputes to arise over co-created materials.  That is not to say you shouldn't collaborat...

We are all used to clicking the "I agree" button and frequently we click without reading the lengthy terms and conditions.  While many are long, these virtual agreements bring with them rights, responsibilities and restrictions.  By clicking "I Agree", you have created a contract.   In the on-line order process, frequently you will click on an agreement button, ...

Comedian Nathan Fielder created a media stir, and long lines, when he opened a coffee shop called Dumb Starbucks.  The establishment was quickly closed down for not having a permit.  In the short time that the shop was open, legal commentators everywhere speculated about whether Starbucks would sue for trademark infringement, and if it did, how the case would tur...

As an artist or a photographer, your most valuable assets are your creations. An artist's work can end up on someone else's product, marketing piece, or website, without the artist's permission and without the artist ever earning a royalty. The piece may even have been modified or there might be no credit disclosing who created it. Many artists and photographers fe...

When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name, there are also important legal considerations to keep in mind. Let's consider the example of opening a gas station.  If a company opens 50 ...

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal budgets would have to be increased to protect their trademarks from cybersquatters in this new terrain. Brand owners lobbied against the chan...

There is nothing more frustrating than learning that the technical or product information that you wrote, or the photographs that you took for your website have been stolen and used on someone else's website.  Sometimes the copying is so blatant that the other website looks just like yours! If a competitor steals your website content, it can do real damage to ...