When used in connection with a product or service, any name, symbol, logo, or combination of these items may be protected as a trademark. The purpose of a trademark is to identify the source of a product or service. Trademark laws are designed to protect consumers rather than trademark owners, so the test for infringement is whether the marks at [...]
When reading documents from your lawyer, you may find a number of legal terms that you don't recognize. Some of the legal terms you're most likely to encounter when involved in a legal dispute are: Mediation, Arbitration, and Trial Mediation is an attempt to settle a legal dispute with the help of an impartial mediator (or referee), who tries to [...]
Intellectual property (IP) refers to creations of the mind. Examples include artwork, computer software, novels, logos, music, and technological inventions. Although it’s intangible, IP is often more valuable for a business than its tangible assets, such as equipment and inventory. Nearly every business has some form of IP. Trade Secrets The Uniform Trade Secrets Act, which has been adopted by [...]
Ideas for Workplace Accommodations The US Department of Labor (DOL) has a new tool, the Situations and Solutions Finder, that provides access to more than 700 accommodation ideas for workers with disabilities and their employers. The DOL’s Office of Disability Employment Policy provides public access examples of workplace accommodations shared by customers of the Job Accommodation Network (JAN). The database [...]
Have you conducted an intellectual property (IP) audit in the last year? If not, now is the time to get started. IP includes copyrights, trademarks, trade dress, patents, trade secrets and the like. In fact, it's called intellectual property since it involves products of the mind. An IP audit involves a systematic review of all IP you own, control, or [...]
Copying someone else’s work isn’t always a copyright infringement. Although the law is significantly more complex than this, generally speaking, copying is infringing only if the copied parts are protected by copyright and if the two works are “substantially similar.” In addition, even if the copied parts are protected and the works are substantially similar, the new works might not [...]
We frequently get questions from our clients about requests for payment of registration, publication, or renewal fees for corporate, domain name and intellectual property filings. Requests may also be received for monitoring fees or the preparation of minutes. The scam requests typically look like invoices or letters, often containing false due dates or threats about loss of rights if you [...]
Did you know that your failure to retain all relevant materials after litigation is “reasonably anticipated” could result in you being fined or sanctioned by the court? You could even lose the case as a result of your failure to preserve evidence. How do you know when “litigation is reasonably anticipated?” While there are some grey areas, the filing of [...]
You’ve probably seen or heard the news that former president Donald Trump and his campaign were recently sued for copyright infringement by The White Stripes and the estate of Isaac Hayes Jr. Hayes’ estate sued last month based on the campaign’s use of the song “Hold On, I’m Coming,” which Hayes co-wrote. Last week, the court issued a preliminary injunction [...]
Affiliate Programs Are Not Retail Services for Purposes of Trademark Registration The Trademark Trial & Appeal Board (TTAB) affirmed the refusal by the US Patent and Trademark Office (USPTO) to register a mark because there was no direct association between the specimen the applicant provided and the services the applicant was using the mark with. Gail Weiss had applied to [...]
