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

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

Why We Need Their Life Story

We’ve all asked when on a food blogger’s site, “Why can’t you just give me the recipe and not your life story?”  Many have listened to this complaint and added a much (to me) valued “Jump to Recipe” button on the top.  But I am here to defend all those stories that I often skip.  … 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

Tiktok Creators Making Major Moves In the Copyright World

Late last month, a little clock-app and a handful of online creators made moves that are likely to permanently alter the existing copyright landscape. That’s right, Tiktok, an app with over 689 million active monthly users, and creators like Keara Wilson (the dancer who choreographed the insanely viral Savage Challenge dance to the Megan Thee … Read more

Cyberpunk 2077 – A Good Lesson in Copyright vs. Trademark

Cyberpunk 2077 is the 2020\2021 equivalent of Duke Nukem Forever: Protracted development timeline, multiple delays, and upon eventual release – mixed reviews. Although Cyberpunk certainly faired much better than Nukem did from a gameplay and critical reception standpoint – the legal fallout experienced by CD Projekt (developer of Cyberpunk) has been decidedly much worse. Not … Read more