Monkey Business – Copyright in Photographs
I’m frequently asked whether it’s ok to copy a picture found on the Internet, and use it on a website, or in a newsletter. My answer is always the same: “not unless…
Kylie vs. Kylie: A Celebrity SmackDown
Kylie Minogue, the Australian singer, songwriter and actress, has been in the entertainment business for decades, and owns a family of trademark registrations for her name. Kylie Jenner, the American reality…
Copyright Reigns in Gotham City
In time for Halloween, we thought we’d highlight this story from late September, involving the Batmobile and copyright litigation, both scary things. When you think of creative works that are…
Shall We Meet at Lowe’s or Loews? Trademark Confusion on 68th Street
Last night, as I was walking home from work, I noticed that a Lowe’s home improvement store (http://www.lowes.com/) had opened on the northeast corner of 68th and Broadway, directly across…
Register Your Trademark in Cuba
In light of changes to U.S. sanctions and export policy in Cuba, businesses should now consider brand protection in that country. Being first to file in Cuba will help to deter…
Five Big IP Considerations for Growing Businesses
Entrepreneurs starting their businesses often follow a well-beaten path to get their companies off the ground, balancing the need to keep legal costs low against the necessity of some initial…
This .Sucks: The Newest New gTLD
Two years ago, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization that runs the Internet, launched a controversial program to expand the number of top-level domain names…
SCOTUS Decision in B&B Hardware Has Significant Implications for TM Applicants (and Owners)
On March 24, 2015, the Supreme Court of the United States held, in B&B Hardware, Inc. v. Hargis Indus., Inc., that administrative proceedings before the Trademark Trial and Appeal Board…
Website Terms of Use. You Need Them. Here’s Why…
Terms of Use (TOU) are, in effect, a contract between the users and the provider of a website. In the “olden” days (like 1992!), when websites were static and information…
USPTO Refuses to Register Marks Associated with Eric Garner
Last month, I wrote about trademark profiteering, concluding that attempts to monetize rallying cries by registering them as trademarks almost always fail. The USPTO proved me correct this month, when…