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Tag Archives: intellectual property

Copyrights: Joint Work? Derivative Work? or Both?

By The Jacobs Law |

In a recent copyright infringement case, (Greene v. Ablon), the court affirmed the jury’s $19,000 award to the plaintiff, even though the trial court initially made an error in analyzing the plaintiff’s claim. The trial court’s determination that a work cannot be both joint and derivative as a matter of law is false. A… Finish Reading Copyrights: Joint Work? Derivative Work? or Both?

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Copyrights: Derivative Works vs. Joint Works

By The Jacobs Law |

In a recent copyright infringement case, (Greene v. Ablon, 2015 U.S. App. LEXIS 12305 (1st Cir. Mass. July 16, 2015) the 1st Circuit Court of Appeals affirmed a jury’s $19,000 award to the plaintiff, even though the trial court initially made an error in analyzing the plaintiff’s claim. The Appeals Court reasoned that the trial… Finish Reading Copyrights: Derivative Works vs. Joint Works

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Trademark Cease And Desist

The Trademark Bully

By Travis Jacobs |

The USPTO actually defines a trademark bully as, “a trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow.” A registered trademark or servicemark is a form of legally protected intellectual property that identifies the products or services of a . To… Finish Reading The Trademark Bully

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USPTO Introduces Pilot Program To Fight Fake Specimens – What You Need To Know

By Travis Jacobs |

As more companies have stressed the importance of brand protection, the USPTO has seen an increase in trademark applications. Often, Applicants apply for trademarks with a broad scope of goods and services, as they do not know how they are going to grow and expand as a company. When filing an in-use application, some… Finish Reading USPTO Introduces Pilot Program To Fight Fake Specimens – What You Need To Know

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What Do I Do If My Trademark Has Been Opposed?

By Travis Jacobs |

  A few months after filing your trademark, you will hear from a Trademark Examiner regarding your application. Assuming there are no issues, an Examiner will publish your mark for “opposition.” This blawg will explain what it means to have an application published for opposition, and this process with the Trademark Trial and Appeals… Finish Reading What Do I Do If My Trademark Has Been Opposed?

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The #LowDown on Hashtag Protection

By Travis Jacobs |

Hashtags – words or phrases preceded by the ‘#’ symbol have grown into an important promotional tool for businesses on social media platforms like {Instagram, Facebook, Twitter}.  Many businesses create hashtags as part of a marketing campaign that helps drive consumer engagement with the business or product.  But can a hashtag creator claim intellectual… Finish Reading The #LowDown on Hashtag Protection

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