So you’ve just gotten your U.S. trademark registered. Congratulations! Now there are some things you should know… 1. The trademark needs to be maintained. Between the 9th and 10th year after registering your trademark, and every 10 years thereafter, you must file a combined “Declaration of Use and Application for Renewal.” This might seem like a…
A client called and asked whether to apply for registration of, let’s say, RIVER COTTAGE for hotel services. His company had been using the service mark for over 100 years – but had never enforced their trademark rights. We checked the database of the U.S. Patent and Trademark Office (USPTO) and found no prior registration…
Facebook’s rules (revised last year, on November 15, 2013) say that you, the Facebook user, own the content that you post. Sounds simple, BUT: the user also grants Facebook permission to use that content anyway that Facebook desires: “you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post…
A lawyer friend from outside the U.S. asked: If an overseas manufacturer had copied a client’s designs, but the client had not registered its copyright in the design before the infringement, could you sue the retailers who sold the infringing goods? Short answer: yes, but you won’t get statutory damages. U.S. copyright law requires copyright…
Here are some quick thoughts in response to yesterday’s dismissal of Quentin Tarantino’s copyright infringement claim against Gawker: Sharing a link to your unpublished, prized next script to “only a few people” is a few people too many, if one of them leaks the link to the press. Be very, very select about the number…
If you search on Google® for “demand letter +copyright”, most of your first pages of hits will be articles written by individuals who received cease and desist letters, or attorneys who want to represent them. These writers focus on how outrageous and upsetting it is to receive a demand letter, how the recipient does not…
If your product (jewelry, toys, books, etc.) is tangible and sold at retail, the good news is that enforcing your copyright and trademark rights is more straightforward than with downloadable products. With downloadable goods – like music, movies, and photographs – it’s often difficult to determine even the continent on which the infringer is located. …
Both attorneys and clients often feel frustrated at the end of a lawsuit with an apparently Pyrrhic victory: a favorable judgment, but then facing the task of actually collecting from the defendant. Whether the defendant (now having earned the title of “judgment debtor”) has any money, property or potential to pay the judgment seems like…
Judge Chin of the Southern District of New York issued a long-awaited (and, doubtless, soon-to-be-appealed) decision: dismissing, as a matter of summary judgment, the lawsuit that The Author’s Guild brought against Google. I leave it to each reader (and to each author) to determine whether the result is good or bad, but I must disagree…
With apps that invite photographs, videos or more, the app developer often wants to use those images for promotional purposes. The question is whether you can enforce an individual’s release of rights in their name and likeness (an “image release”) for promotional purposes if the release was only “signed” by an individual who enters into…