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 [...]
When negotiating or reviewing a contract, you might come across some terminology you don't recognize. Some of the legal terms you're likely to encounter in connection with contracts are: Breach of Contract A breach of contract occurs when one party fails to comply with the terms or conditions of an agreement. Depending on the type and significance of the breach [...]
Last week, the Federal Trade Commission (FTC) published its final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (the “Rule”). This Alert provides a general overview of the new Rule but can’t cover all of the details. Whether you operate a business or work as an influencer, you should ensure that you understand the new Rule in [...]
A recent case serves as a good reminder that an employer has an obligation to protect its employees from work-related harassment, even when that harassment doesn’t come from another employee. The Second Circuit case involved a Town Planner who had been harassed by a resident of the Town for many years. That resident repeatedly sent letters and emails to Town [...]
You’re angry. Your employer fired you, or your neighbor plays loud music every day, or you slipped walking into the grocery store. Should you sue? Maybe not. Before filing a lawsuit, there are a number of things you should think carefully about, including these risks. 1. No matter how good your case appears to be, you might lose. 2. Even [...]
R.C. Bigelow, Inc. (Bigelow) is a tea company that sells tea bags filled with true teas (black, green, and oolong) as well as herbal teas. In 2017, Bigelow began including a logo on the back of its tea-bag packages that said, “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED.” Some of the purchasers of those tea bags sued, claiming that [...]
