Category Archives: Intellectual Property
Copyrights: Joint Work? Derivative Work? or Both?
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?
Copyrights: Derivative Works vs. Joint Works
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
The Latest F1 Visa OPT and CPT Scam
Students who hold an F1 Visa are restricted from engaging in employment in the United States except in particular circumstances such as CPT (Curricular Practical Training) and OPT (Optional Practical Training) – both of which require sponsorship by a bona fide employer. Unfortunately, some F1 visa students are gaining employment by illegitimate business… Finish Reading The Latest F1 Visa OPT and CPT Scam
The Trademark Bully
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
Technology in the Office
Technology has become an integral part of our daily life both personal and work. Technology can make operating your business easier and more efficient. However, the increased use of more invasive technology has given rise to employee and staff privacy concerns. According to Norton (an international virus software provider), around 65% of businesses have… Finish Reading Technology in the Office
USPTO Introduces Pilot Program To Fight Fake Specimens – What You Need To Know
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
What Do I Do If My Trademark Has Been Opposed?
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?
What is Trademark Incontestability?
A trademark can quickly become a significant asset for a business as it is a source identifier to consumers and competitors of your brand. After obtaining a federal trademark registration, you may think you are finished with the trademark process. Once the mark is registered, you must continue using the mark in commerce, and… Finish Reading What is Trademark Incontestability?
How do I use Trademark Symbols?
As many companies are using a trademark, they often use the ® or TM symbol following their logo or company name. As a trademark owner, it is important to know when you should use these symbols, and more importantly, how they should be used. To begin, it is necessary to recognize the symbols that… Finish Reading How do I use Trademark Symbols?
What to do if Someone is Using Your Mark as a Domain Name
A growing area of Intellectual Property litigation concerns domain name disputes. Domain name disputes arise when an individual or entity engage in cyber squatting. Cyber squatting can occur when these individuals or entities attempt to register the brand names, trade names or trademarks used by other businesses in which the domain registrant has no… Finish Reading What to do if Someone is Using Your Mark as a Domain Name