Traditionally, product or brand-placement within a TV series or movie—think Spielberg’s E.T. and Reese’s Piecescandies—requires a license or agreement with the brand to avoid legal issues arising out of trademark. But that’s not always the case. As Pepperdine and Duke have learned in recent months, the intersection of the 1st Amendment with the Lanham Act is a completely different matter.
Read MoreSix steps to better brand protection: avoid trademark scams, protect products from knockoffs, consider “Brand Gating” for online sales with Amazon’s platform, police the market to monitor your trademark, create enforcement policies for intellectual property, and take social media infringement and dilution seriously.
Read MoreProtecting a logo with a copyright registration in addition to trademark registration provides the owner with several advantages including two separate causes of action, enhanced statutory damages, greater chance of recovering attorney’s fees, an easier burden of proof to prevail, and potential to recover two separate statutory damage awards. Read for a discussion of logo and copyright law.
Read MoreAs the proverbial curse provides, “May you live in interesting times.” We now live in such interesting times. Import tariffs, which have not been something that many suppliers or customers have focused on, may be an increasing part of our lives. With the significant increase in import tariffs, the contracts that govern relationships between suppliers and customers will become ever important.
Read MoreLogos can be independently protected by copyright and trademark law. Read this article for a discussion of the benefits of and the strategies for dual protection of trademark and copyright registration for logos as well as some thoughts on the nature of copyrights and logos.
Read MoreRead for a discussion of international patent law on a country-by-country and regional basis. This article includes an analysis of patent requirements in various countries and provides insights on commonalities and differences between countries. Navigate the complexities of international patent law.
Read MoreKlemchuk PLLC, a leading litigation, intellectual property (IP), and business law firm, proudly announces its 16th anniversary in April 2024.
Read MoreA federal court has ordered OpenAI to turn over employee messages sent via personal social media accounts, raising complex questions about how social media and privacy are treated in workplace-related litigation.
Read MoreThe TTAB has dismissed Panera’s trademark opposition to Paneralux, ruling no confusion, dilution, or false connection. A key decision for brand owners.
Read MoreDarin M. Klemchuk participates in Carry The Load 2025, a Memorial May event in Dallas, Texas, honoring the sacrifices made by our nation’s heroes – military, veterans, first responders, and their families. Klemchuk is paying special tribute to Master Chief Mark Crampton (USN SEAL), whose loss was deeply felt in 2022.
Read MoreThe Sony Music Whitney Houston lawsuit over unpaid licensing fees for 24 recordings used in I Wanna Dance with Somebody has been settled. The lawsuit, dismissed with prejudice, claimed the producers failed to pay despite a licensing agreement.
Read MoreBefore creating holiday-themed promotions, research St. Patrick’s Day trademarks. Protect your business by understanding trademark rights and legal use.
Read MoreKlemchuk PLLC hosts its 21st annual Ethics CLE on April 25, 2025, in Dallas, Texas at Topgolf Dallas. Attendees earn 90-minutes of Ethics CLE credit.
Read MoreA trademark dispute between U.S. pop star Katy Perry and Australian designer Katie Perry has led to a significant appellate court ruling. Learn how prior use, brand recognition, and legal strategy influenced the outcome of the Katy Perry lawsuit.
Read MoreDALLAS, Texas — Klemchuk PLLC and Engage Workspace for Lawyers are co-sponsoring a "Lunch and Learn" presentation on March 20, 2025, over “The Best Laid Plans: When Well-Intentioned Estate Planning Goes Awry”.
Read MoreStay informed on the latest FinCEN Corporate Transparency Act (CTA) reporting requirements for 2025. Understand what information businesses must report, recent legal challenges, and how to ensure compliance amid ongoing court rulings.
Read MoreUnderstanding how to trademark a logo is essential for protecting your brand’s identity and legal rights. Learn the key steps, from conducting a thorough search to filing with the USPTO, while avoiding common pitfalls. Secure your logo’s exclusivity and strengthen your brand’s legal foundation with the right approach.
Read MoreA number of our clients doing business with companies in foreign countries have run into trouble policing their trademark rights and in some cases, lost ownership to a trademark. Generally, this happens in countries that follow the “first to file” trademark law without a requirement of actual use in commerce. Read for steps how to reduce these trademark ownership dangers.
Read MoreDALLAS, Texas — Klemchuk PLLC and Engage Workspace for Lawyers are co-sponsoring a "Lunch and Learn" presentation on February 19, 2025, over “Personality Traits and Mental Health for Lawyers: Applying Counseling Theories to the Practice of Law”.
Read MoreThe 2025 Klemchuk Recipe Book: The Enforceable Chef, featuring 20+ new recipes like “World’s Best Guacamole,” Beer Can Chicken, and Texas-Style Chicken Pho. Download your copy and support Carry The Load’s Memorial May march!
Read More
