Texas through GLO is the owner of the premises of The Alamo and owns the image of THE ALAMO and the right to commercialize that image to whatever extent the State, as owner, decides to do so. Commercial use of the image of the Alamo requires licensing.
Read MoreThe Periscope app allows users to live stream content from their phone to other specific users or to the public. Some have used the app’s live-streaming function for “video piracy,” allowing access copyrighted content protected behind some sort of paywall.
Read MoreAdidas filed suit against Marc Jacobs to protect its iconic “Three Stripe Mark.” Along with trademark infringement, the complaint accuses Marc Jacobs of unfair competition, trademark dilution and deceptive trade practices. Does Adidas have a strong case?
Read MoreThere’s really no such thing as an “innovative company” itself - it’s the people within the organization that make it what it is.
Read MoreIPR petitions allow a petitioner to request to cancel one or more claims of an issued patent on the grounds of anticipation and/or obviousness based on other patents or printed publications.
Read MoreA Federal Circuit panel denied trademark registration for an Asian-American rock group’s name, the Slants, on a disparagement basis, because the name is racially disparaging.
Read MoreThe biggest intellectual property challenges for celebrity marijuana brands is in the realm of trademark protection and rights of publicity.
Read MoreIn Couture v. Playdom, Inc., the Court held that mere advertising or offering of services is insufficient to support registration of a service mark. Proper use in commerce requires rendering of services and sale or transportation of goods.
Read MoreWhether in an interview or at a social event, when asked how you describe yourself, take a good portion of humble pie and leave it to others to sing your praises.
Read MoreDMCA takedown requests from copyright holders has been on steady rise in recent years. Article by Klemchuk LLP, a copyright law firm.
Read MoreWith difficulty in physical service of process and the widespread use of social media platforms for keeping connected, judges are now allowing for service via social media. Article by Klemchuk LLP, an Internet and ecommerce law firm.
Read MoreWho owns a dead actors image? The untimely death of Paul Walker during the filming of the Fast and Furious 7 brings about questions on CGI copyright rights, right to publicity, and work for hire doctrine. Article by Klemchuk LLP, a copyright law firm.
Read MoreThe filing of a Declaration under Section 15 of the Lanham Act and the approval of such declaration results in incontestable trademarks. An incontestable trademark registration can be used as the basis for injunctive relief in an infringement action before U.S. courts.
Read MoreThree tools that are key to having and maintaining excellent teamwork: communication, setting expectations and achievable goals, and always maintaining respect for those on your team.
Read MoreIn Commil USA, LLC v. Cisco Systems, Inc., the Supreme Court considered arguments for an extension to an already existent patent infringement defense: that the alleged infringer lacked the requisite intent to infringe.
Read MoreBell’s Brewery, a Kalamazoo, Michigan brewery, filed an opposition with the U.S. Trademark Trials and Appeals Board against Innovation Brewing’s attempt to trademark “Innovation Brewing.”
Read MoreIn B&B Hardware v. Hargis Industries, the Supreme Court issued a ruling that federal courts must practice due deference and defer to previously issued Trademark Trial and Appeal Board (TTAB) rulings when the issues that the two consider are identical.
Read MoreFor proper data breach prevention, a plan and security measures should be outlined and put into practice with an all-hands approach to help ensure compliance and security throughout an organization.
Read MoreAs the United States formally becomes a member of the World Intellectual Property Organization (WIPO) effective May 13, 2015, changes are coming to design patent application law in the United States.
Read MoreThe Cuban market and growing business opportunities are discussed as the relations between the Cuba and the United States begin to thaw. Article by Klemchuk LLP, an intellectual property and international law firm.
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