Will my EU-wide trademark application rejected if the trademark is already filed in one of the member states?

There are three options when trying to protect a trademark in the European Union: (1) filing a Community Trade Mark ("CTM") application, (2) filing...

I'm not at all sure that the Ironman helmet your son created infringes anyone's copyright. The helmet is quite likely not protectable under...

Filing a trademark registration application knowing that someone else is already using the mark in commerce is unlawful. If you filed a...

What is stopping someone from any startup website such as Kickstarter from taking my idea if I do not have any sort of patent?

It's unlawful to apply to patent a invention that one did not, in fact, invent or help to invent. While rare, the nefarious can, nonetheless,...

Taking and selling a photograph of a child's face as he stands behind a "stand in cutout" of a famous fictional character is lawful so long as the...

Regarding the USPTO, how do they determine ownership of trademark in the following situation?

If you truly filed your trademark registration application one day before the other company filed its application then the Trademark Office will...

The answer depends on many facts you haven't disclosed -- and should not disclose in public. For example, if a video simply shows a person...

As my colleague notes, no, you may not lawfully use KK Slider, the guitar-carrying dog appearing in the Animal Crossing video game, as your...

The framework for nearly every country’s copyright law is the Berne Convention. It not only sets forth the substantive rights conferred by a...

Your own Ohio-licensed intellectual property attorney must gather all the evidence -- especially ALL of what you agreed to, in writing and orally,...