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About About Engaging With Us Careers Ideate Team Team Darin Klemchuk Brian Casper Jim Chester Mandi Phillips Mark Stachiw Zach Tiritilli Services Intellectual Property Litigation Business Litigation Corporate & Commercial Patents Trademarks Technology & Data Software & Copyrights Anti-Counterfeiting & Enforcement Internet & eCommerce International Business Local Counsel Industries Airlines Automotive Blockchain Technology Consumer Products Cosmetics Cryptocurrency Cybersecurity Digital Arts Digital Marketing Ecommerce Energy Fashion Health Technology Luxury Brands Professional Services Real Estate Developers Restaurants Retail Software Sporting Goods Technology Telecommunications Contact
Klemchuk
IP Lawyers | Intellectual Property Law Firm
Free Speech Rights Win Out Over NAACP Trademark’s Claim
Free Speech Rights Win Out Over NAACP Trademark’s Claim

The Fourth Circuit decided that online article by The Radiance Foundation criticizing the NAACP, titled “National Association for the Abortion of Colored People,” did not infringe on the NAACP’s trademark.

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Law, Blog, TrademarksKlemchuk LLPMay 29, 2015Comment
5 Vital Steps Entrepreneurs Must Take to Protect Big Ideas
5 Vital Steps Entrepreneurs Must Take to Protect Big Ideas

Read about the five most important steps for entrepreneurs to take to protect big ideas and help ensure a new business survives and thrives.

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Law, Blog, Intellectual Property ...Darin M. KlemchukMay 28, 2015
Innocence of the Muslims: Actress’s Performance isn’t Individually Copyrightable
Innocence of the Muslims: Actress’s Performance isn’t Individually Copyrightable

Actress Cindy Garcia appeared in “Innocence of the Muslims,” which attracted worldwide criticism. Garcia tried to get the movie taken down all platforms alleging the movie violated her personal copyright. The court found an actor’s claim to copyright ownership over films for individual performances should not be allowed.

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Law, Blog, Software & CopyrightsKlemchuk LLPMay 28, 2015Comment
Leonard Timepieces Owns Apple Mark in Switzerland
Leonard Timepieces Owns Apple Mark in Switzerland

Because of a trademark issue, the Apple Watch may be blocked from being sold in Switzerland as Leonard Timepieces has a trademark that prevents third parties from using “apple” or showing the image of an apple in class 14, which includes jewelry, precious stones, timepieces, and watches.

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Law, Blog, TrademarksKlemchuk LLPMay 21, 2015Comment
Creating a Wellness Plan While Maintaining Financial Wellness

Other things contribute to wellness, beyond healthy food and exercise. Bring in your 401K representative or financial advisor to discuss your company’s plan and options with employees, get involved in local charities, or create something around stress management.

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Culture, BlogKlemchuk LLPMay 20, 2015
Google Fights Patent Trolls by Purchasing Their Patents
Google Fights Patent Trolls by Purchasing Their Patents

Google fights patent trolls with “Patent Purchase Promotion,” through which patent owners, presumably some patent trolls, can name their intellectual property’s price. Google intends it will help curb patent trolling.

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Law, Blog, PatentsKlemchuk LLPMay 19, 2015Comment
Remember the Alamo – And Get a License
Remember the Alamo – And Get a License

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.

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Law, Blog, TrademarksKlemchuk LLPMay 14, 2015Comment
Hollywood, TV, and Sports Leagues Push Back Against Periscope
Hollywood, TV, and Sports Leagues Push Back Against Periscope

The 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.

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Law, Blog, Software & CopyrightsKlemchuk LLPMay 12, 2015
Three Stripes and You’re Out: Will Marc Jacobs See Adidas in Court Over Trademark Infringement?
Three Stripes and You’re Out: Will Marc Jacobs See Adidas in Court Over Trademark Infringement?

Adidas 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?

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Law, Blog, TrademarksMelissa GrayMay 12, 2015
Innovative People Create Innovative Companies

There’s really no such thing as an “innovative company” itself - it’s the people within the organization that make it what it is.

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Culture, BlogGuest UserMay 7, 2015
Hedging Your Bets With the PTAB: IPR Petitions
Hedging Your Bets With the PTAB: IPR Petitions

IPR 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.

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Law, Blog, PatentsKlemchuk LLPApril 30, 2015Comment
Federal Circuit Denies Trademark Registration on Disparagement Basis
Federal Circuit Denies Trademark Registration on Disparagement Basis

A 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.

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Law, Blog, TrademarksKlemchuk LLPApril 28, 2015Comment
Marijuana Brands: What Willie Nelson Can Learn from Bob Marley
Marijuana Brands: What Willie Nelson Can Learn from Bob Marley

The biggest intellectual property challenges for celebrity marijuana brands is in the realm of trademark protection and rights of publicity.

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Law, Blog, TrademarksKlemchuk LLPApril 27, 2015Comment
Use It or Lose It: Proper Use in Commerce for Your Trademarks
Use It or Lose It: Proper Use in Commerce for Your Trademarks

In 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.

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Law, Blog, TrademarksKlemchuk LLPApril 23, 2015Comment
Words You Shouldn’t Be Using To Describe Yourself

Whether 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.

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Culture, BlogGuest UserApril 22, 2015
Google Fielded 100 Million+ DMCA Takedown Requests in 2015
Google Fielded 100 Million+ DMCA Takedown Requests in 2015

DMCA takedown requests from copyright holders has been on steady rise in recent years. Article by Klemchuk LLP, a copyright law firm.

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Law, Blog, Copyright Protection, Internet & EcommerceKlemchuk LLPApril 21, 2015
State Judges Begin to Accept Service via Social Media
State Judges Begin to Accept Service via Social Media

With 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.

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Law, Blog, Internet & EcommerceKlemchuk LLPApril 14, 2015Comment
A Fast and Furious Legal Conundrum: Who Owns a Dead Actor’s Image?
A Fast and Furious Legal Conundrum: Who Owns a Dead Actor’s Image?

Who 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.

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Law, Blog, Copyright ProtectionDarin M. KlemchukApril 13, 2015Comment
Incontestable Trademarks: Part 1
Incontestable Trademarks: Part 1

The 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.

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Law, Blog, TrademarksKlemchuk LLPApril 9, 2015Comment
The Importance of Teamwork

Three 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.

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Culture, BlogAmber DassingerApril 8, 2015
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IP Lawyers

Intellectual Property Attorneys

Klemchuk PLLC
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