The Information Desk Is Two Way

At the first meeting with a potential client, they often (somewhat shamefacedly) say, “I’m not really sure if I need a trademark or copyright or something else. I guess that I don’t know the difference.”  They say it like of course, they should know the difference. Why wouldn’t they know? I mean everyone but them … Read more

How to Protect a Trademark as Collateral on a Loan (Part 2)

Welcome back to the world of Secured Transactions and IP! A quick refresher from last week (link last week’s post?): lenders engage in “secured transactions” with a borrower who has put up collateral against that loan which has become enforceable. The lender can possess and sell that collateral if the borrower defaults should that lender … Read more

How to Protect a Trademark as Collateral on a Loan (Part 1)

Working for a firm that does a high volume of work with intellectual property allows for deeper dives into IP-related issues. One example involves situations where a lender has loaned money to a person with collateral for that loan being an item of intellectual property, such as an interest in a trademark. Whoa! Can a … Read more

Our Favorite Holiday: Public Domain Day!

On January 1, 2022, copyrighted works from 1926 will enter the US public domain.  That means that anyone can copy, share, and build upon that work, but it doesn’t mean the public can do the same for things that are already derived from the original.  What do I mean by that?  Well, the first Winnie-the-Pooh … Read more

Just Following (Madrid) Protocol

As I advise clients on trademark issues, it is relatively common for clients to ask if there is an “international trademark”. I then break the unfortunate news that there is no such thing as an “international trademark”. Instead, registered trademark protections only extend to the national borders where the mark is registered. This means that … Read more

“Would You Capture It or Just Let It Slip?”

Many of our readers are likely familiar with Eminem’s hit single “Lose Yourself.” I imagine significantly fewer are familiar with “Mom’s Spaghetti,” the underrated and amusing parody to “Lose Yourself.” In recent weeks, “Mom’s Spaghetti” made national headlines for a different reason.  A “Mom’s Spaghetti” restaurant took its “chance to blow” by opening in downtown … Read more

Copyright and Creative Commons: What to Do with My Bundle of Sticks?

I remember sitting in my Property Law class as a first year law student and learning about the “bundle of sticks,” a metaphor law school professors use to describe property law. In short, each property right is a “stick” taken together as a “bundle.” For example, the property management company that owns my apartment owns … Read more

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