Anyone who has needed to copyright something has likely considered the option of the so-called “poor man’s copyright.” This is where you mail yourself a copy of the work to get a postal date on the envelope proving when you mailed the material. You...
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Trademark Registration Guidelines for Goods and Services Related to Hemp
While avoiding guidance on cannabis-related trademarks, a few weeks ago, the USPTO issued guidelines to clarify its position on trademarks related to "hemp" products and goods derived therefrom.To register a trademark with the USPTO, use of the mark in commerce must...
Iron Maiden screams trademark infringement over video game
For many, being portrayed in a video game would be the ultimate sign of "making it." But if you have enjoyed tremendous success already, and someone attempts to profit from your success by putting you - or a likeness of you - in a video game without your consent, that...
Combinations of existing items can create something patentable
A recent patent application from Tesla not only provided a sneak peek at a feature the electric carmaker may incorporate into future models, it served as a reminder that inventions that already exist may be patented if they are combined in a nonobvious...
NCAA puts full-court press on unauthorized use of Final Four trademarks
If you’re planning a Final Four viewing party, you may want to refer to the event on your invitations as the “College Hoops Basketball Championship” or something even more generic, lest you have lawyers from the NCAA knocking on your door threatening...
The internet is not the wild, wild West of copyright law
Let’s say you’re a small-business owner with a website to provide customers information about your product or service. Your site speaks to trends, news items or important developments in your industry. You see on another website that an industry leader...
Trademark rights in the iconic Chuck Taylor sneakers
Few, if any, shoe brands are more iconic than the Converse Chuck Taylor All Star High Top sneaker. Named after a basketball player and taken to market in 1932, Chucks have been the shoe of choice ever since, including by virtue of a gracefully pivot from athletic gear...
Supreme Court: Copyright must be registered before bringing infringement lawsuit – authored by Kyle Mendenhall
After today's Supreme Court decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, it is now more important than ever for copyright owners to file their registration applications with the Copyright Office as soon as possible. While an author gains...
Is it difficult to (“chung chung”) trademark a sound?
We are all familiar with these distinctive sounds and phrases:The whistled tune of “Sweet Georgia Brown”The Tarzan yell“You’ve got mail”“D’oh!”“Clap on, clap off, clap on clap off, the Clapper” These sounds...
Rihanna wants Trump campaign to stop using her music
Recently, a participant at a Tennessee rally for President Trump tweeted that Rihanna’s music was playing at the event. When Rihanna saw this, she took action to protect her copyright to the song.The world of copyrighting music is complex, and this situation may...