The Annals of Trademark Number 3 - Selecting a Trademark Part 2 (Distinctiveness)
Nov 06, 2014
In our last trademark blog, we described steps for a prudent business owner to take in choosing a mark that will avoid conflict with existing marks. The second critical consideration is choosing a...
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The Annals of Trademark Number 2 - Selecting a Mark Part 1
Nov 06, 2014
Choosing an enforceable mark or one that can be registered with the government is not as simple as just picking a word, icon or phrase that you like. Careful research and planning are required to conf...
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The Annals of Trademark Number One - What is a Trademark?
Oct 16, 2014
Trademark can be confused with copyright. As we have explained in recent blogs, a copyright protects works that one creates. A trademark is a word, group of words, symbol or logo a person or company u...
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The Annals of Copyright Number 5 - Fair Use Definition and Defense
Oct 06, 2014
“Fair Use” is the most prevalent defense against copyright infringement and possibly the most misunderstood. It is a subject all in itself. What is Fair Use? Simply stated, if a use is “fair use,” it...
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The Annals of Copyright Number 4 - Defenses to Copyright Infringement
Sep 29, 2014
As in any other sort of civil lawsuit, the alleged wrongdoer can prevail in a copyright infringement claim by asserting a valid defense. Common defenses include: Lack of Copyright Notice Under U.S. l...
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The Annals of Copyright Number 3 - What Is Copyright Infringement?
Sep 11, 2014
Copyright infringement has two sides: a) protecting your own copyrighted material and b) avoiding violations of another’s copyrighted work.
The U.S. Copyright Act, section 106, gives a copyright...
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The Annals of Copyright No. 2 -- You May Have a Copyrighted Work and Don’t Know It
Aug 27, 2014
If you have ever written a story, poem, novel, essay, research paper, or song, taken a photograph or video, performed music, or been in a play or a film, you were at some point a copyright owner. How...
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What Is Intellectual Property?
Aug 27, 2014
Have you ever created anything? Invented something? Designed something? Created a logo or a name that identifies your products or services? Written a song? Painted a picture? Taken a photograph?...
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Classifying Workers, Employees or Independent Contractors?
Aug 06, 2014
The dividing line between properly classified employees and independently contracted workers can often be about as clear as mud. The June, 2014 decision from the federal Ninth Circuit Court of Appea...
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The Annals of Copyright No. 1 - When In Doubt, Choose Contracts Over Lunch
Jul 14, 2014
In a 1990 copyright decision over a sci-fi flick featuring alien frozen yogurt enslaving the human race (yes, that is correct), federal Ninth Circuit Court of Appeals Judge Alex Kozinski noted that...
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