Among other things, the Digital Millennium Copyright Act (DMCA), enacted in 1998 to bring copyright law into the digital age, prohibits the intentional removal or alteration of any “copyright management information” (CMI), the knowing distribution of altered CMI, and the knowing distribution of works where the CMI has been removed or altered. CMI includes information such as the title of [...]
Late US Supreme Court Justice Ruth Bader Ginsburg (a/k/a “Notorious RBG”) inspired films and Saturday Night Live skits, made cameo appearances in three operas, demonstrated her exercise routine on the “The Late Show With Stephen Colbert,” and was immortalized as a bobblehead. She also deeply appreciated the arts, including opera, theater, literature, and modern art. Perhaps for that reason, she [...]
The right of publicity is granted by the majority of states in the United States to those who commercially exploit their names, voices, personas, or likenesses, including sports figures, actors, and singers. If, like most of us, you’re not a celebrity, you might wonder what this has to do with you. There are a couple of reasons everybody should have [...]
We frequently get questions from our clients about “important notifications” from companies offering to monitor or renew their trademarks or to record their trademark registrations with US Customs & Border Protection (CBP). In the past, these scam requests have come in the mail, typically looking like invoices or letters, often containing false due dates or threats about loss of rights [...]
One of the most valuable assets a business has may be its trade secrets, and most businesses have them. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has been and continues to be treated as a secret by that business, and (iii) is not generally known in the trade or readily discoverable through public [...]
Because lawyers in this firm have been involved in a number of high-profile cases, we’ve had quite a lot of experience in dealing with the media. If you are contacted by a reporter about any dispute you’re involved in, do not discuss the matter. Instead, refer the reporter to your attorney. If, however, you believe the matter you’re contacted about [...]
The United States Patent and Trademark Office (USPTO) will be raising fees for patents this October. Earlier this summer, it published a proposed rule to raise trademark fees as well. Patents The patent fee adjustments were proposed before COVID-19 to grow the patent operating reserve, and most will take effect October 2, 2020. The most significant fee increases relate to [...]
It is believed that either Benjamin Franklin or Mark Twain said “Nothing is certain except for death and taxes.” Not having appropriate estate planning documents to address both of these certainties is a mistake. The fact is that we don't know when we're going to die. Nor do we know when we might become incapacitated due to an accident or [...]
Gruyère cheese has been made in Switzerland since 1115 and in France for hundreds of years. A few years ago, Swiss and French industry groups filed an application with the US Patent and Trademark Office to register GRUYERE (no accent mark) as a certification mark for cheese originating in the Gruyère region of Switzerland and France. Switzerland and the EU [...]
OSHA and Face Masks Anyone who spends much time on social media has probably seen the claims that OSHA says it’s dangerous for people to wear cloth face masks. In light of these claims, OSHA has updated its guidance on this issue. In response to the FAQ “Does wearing a medical/surgical mask or cloth face covering cause unsafe oxygen levels or [...]
