This week I was pleased to present another Intellectual Property Workshop for SCORE. My presentation usually covers Copyright and Trademarks. This evening, we discussed the “Monkey Selfie Case.” Briefly, a British wild-life photographer, David Slater, was attempting to photograph a macaque on the Indonesian Isle of Sulawesi. He claims to have done all the preparatory … More Copyright Still Takes A Human Touch
Brand development requires distinctive marks used to identify your goods or services. Registration of these marks with the United States Patent and Trademark Office ” USPTO” confers a number of benefits. Here are some of the most important. 1. Exclusive Nationwide use of the trademarks for branding and building sales through advertising and marketing, therefore … More Top Ten Trademark Registration Benefits
Copyright Law sets forth an exception to infringement for fair use. But what is a fair use is often confusing. Circumstances often dictate the extent to which this exception is applied. The statute provides express limitation on the exclusive rights granted…. for the fair use of a copyrighted work, including such use by reproduction in copies … More What Use Is a Fair Use
Oftentimes my clients express confusion as to what exactly a trademark does or does not do for them in business. As defined by statute, a trademark includes any word, name, symbol, or device, or any combination thereof (1) used by a person, or (2) which a person has a bona fide intention to use in commerce….to identify and … More Five Reasons Trademark Law Can Be Confusing
An interesting 1st Circuit opinion extended a hotel’s common law trademark into territory encroaching upon an incontestable junior registered mark of a competing hotel. In the case of Dorpan, S.L. v. Hotel Melià, Inc., Dorpan, a European hotel chain using the brand, Sol Melia, as a registered trademark faced off with the Hotel Melia “HMI” located … More Extending Use Under Trademark Law
A long simmering feud between Authors and Google resulting from its library scanning project was resolved when the US District Court in New York decided in Google’s favor dismissing the authors’ lawsuit. The scanning involved whole materials, but only made snippets available to the public through Google search. The Court found this mechanism to be … More Google Scans Win Court Approval
The criminal defendant was charged with making a threat by posting a communication on the Internet, Craig’s List, in violation of Title 18, United States Code, Section 875(c). After the District Court overruled Defendant’s Motion to Dismiss, Defendant plead guilty subject to the appeal of his Motion. The statement communicated by the Defendant, published on … More CyberLaw: Internet Threat?