Filing for copyright registration is extremely important for a number of reasons. Most people already know that they cannot sue for infringement until after registration. What they might not realize is that they are not entitled to statutory damages or attorney’s fees for any infringement that occurs prior to registration. This distinction should not be underestimated:…
Recently, a client using a form agreement we had drafted told me that a Big, Important Customer had wanted to make changes to the agreement. It was “just boilerplate” – not financial – so the client made the changes without conferring with counsel. The Customer’s legal department said that they wanted the client, an entertainment service…
A client of mine recently received an email from someone saying that since the 1990s, he had been using the same trademark she’s using now, so she should stop using it. The two trademarks were not exactly the same, but they were very similar, and for related goods and services. However, I wouldn’t recommend my client…