Intellectual Property

Arbitration Provisions: What are the Pros and Cons?

Arbitration is a method of Alternative Dispute Resolution (ADR) the terms of which are agreed upon by the parties of a written contract well in advance of a legal dispute. Should the parties to the contract have a dispute, the...
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Matal v. Tam: Supreme Court Strikes Down 71-Year-Old Law Banning Disparaging Terms in Trademarks

On June 21, 2017, the Supreme Court struck down a law prohibiting offensive or disparaging trademarks, holding that the First Amendment of the U.S. Constitution prevents the U.S. Patent and Trademark Office (“PTO”) from declining registration of trademarks deemed “offensive” or “disparaging”. ...
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TC Heartland v. Kraft Foods: Patent Forum Shopping Case Currently Before SCOTUS

Earlier this month, the Supreme Court heard oral arguments for TC Heartland v. Kraft Foods, a case focused on the federal venue statute that affects the forum in which a plaintiff may bring a patent infringement lawsuit (28 U.S.C. §...
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Facebook Subsidiary Oculus Ordered to Pay $500 Million for Infringement of Non-Disclosure Agreement and Copyrights

Recently, a jury in Dallas, Texas ordered Facebook Inc.’s subsidiary Oculus, and other related defendants, to pay $500 million to ZeniMax Media, Inc. (the company that owns video game franchises, such as The Elder Scrolls and Fallout). ZeniMax sued Facebook and Oculus,...
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Why You Need a Trademark Search Run Before Starting Your Business

It happens too often: I sit down for the first time with a client who has spent thousands of dollars marketing their brand name only to find that the brand they’ve fallen in love with, and spent countless hours developing...
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Should You Trademark A Catch Phrase?

Recently we've been hearing about celebrities trademarking their catch phrases. Marshawn Lynch, for example, trademarked his phrase "I'm just here so I won't get fined," see article here. Similarly, Taylor Swift trademarked "This Sick Beat." Even Katie Perry's legal team...
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What Is Intellectual Property and How Do I Protect It?

Intellectual property (IP) refers to creations of the mind. This includes inventions, discoveries, paintings, literary works, music, designs, symbols, names, and images (photographs, graphics, etc.). Basically anything you think up and can prove originality is IP, so it covers a...
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Trademark Basics Part 2: Disney Sues famous DJ for Infringement

This is a continuation of last week’s blog. How do I file my application? Trademark Searches Before filing an application, it is crucial that you have a trademark search done. This lets you know whether the trademark you’re applying for...
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Trademark Basics Part 1: Disney Sues famous DJ for Infringement

Recently, Disney began litigating against a solo-artist DJ named DeadMau5 for his alleged trademark infringement of the Mickey Mouse image. DeadMau5 wears a recognizable mouse hat with large ears and large “X”s over the eyes—hence the name “dead mouse.” This...
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Google and YouTube’s Decision to Move to “Freemium” will Severely Impact Independent Musicians

Recently, YouTube decided to block an enormous amount of independent artists in preparation for the unveiling of their premium / subscription service. Given the catastrophic effect this will have on the music industry itself, which is on its last leg...
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