The US Patent and Trademark Office (PTO) just announced a pilot program designed to fight the filing of fraudulent specimens with trademark applications. In this context, a "specimen" is a "real-life sample" of how a trademark is used in the marketplace. In other words, it's what consumers see when they're actually buying goods and services. For example, the mark might [...]
Often when someone copies all or part of somebody else's copyrighted material, they think they have a defense to any copyright infringement claim because of the doctrine of "fair use." Unfortunately, in many situations, it's not that easy to know whether the copying would actually be considered "fair use." The term "fair use" isn't even defined by the copyright statute. [...]
The US Department of Labor (DOL) is using a new seven-factor balancing test to determine whether a person is an intern who does not have to be paid or an employee with the protection of wage laws. The new "primary beneficiary test" measures whether the intern or employer is the primary beneficiary of the relationship. If the intern is the primary [...]
(while our Hampton Street office is being restored from the fire) Now that we're settled into our temporary office space, we wanted to update you about the best ways to contact us. Please send all USPS mail to us at PO Box 230520, Tigard, OR 97281. Our street address, for UPS, Fed Ex or any other type of courier service [...]
Earlier this week, a federal court awarded a judgment of $6.75 million to 21 graffiti artists whose works were destroyed at the 5Pointz complex in Long Island City, Queens. In 2013, Jerry Wolkoff, the real estate developer who owned 5Pointz, whitewashed dozens of murals at the complex. Wolkoff argued that the buildings were his to treat as he pleased, but [...]
With the continued focus on sexual harassment brought about by the #MeToo movement, it is important that all employers make sure they have appropriate written sexual harassment policies and training procedures in place. Employees at all levels should participate in anti-harassment training and, if your company doesn't already have an employee handbook that covers this issue, it's time to change [...]
A cat named Tardar Sauce, who has a permanent scowl due to feline dwarfism, became famous as "Grumpy Cat" after her photo was posted on Reddit. She soon appeared not just as an internet meme, but in TV shows and magazines. Her owner, Tabatha Bundesen, quickly realized that exploiting the images of Tardar Sauce could be lucrative and formed a [...]
When reading documents from your lawyer, you may find a number of legal terms that you do not 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 help those involved in a dispute find common [...]
You might wonder what the benefits of registering a trademark are, given that you can obtain common law rights in your protectable trademarks just by using those marks in interstate or foreign commerce. One reason is that it's possible to file an application to register a trademark before you've begun using the mark. If you later use the mark in commerce [...]
Deadline to Register DMCA Copyright Agents If your website allows users to post material, such as photos or comments, then you could be liable if that material infringes someone else's copyright - even if you have no idea that the material is infringing. There are, however, some precautions you can take to reduce your risk. To be eligible for the [...]