In the Fringe

Infringement is a fancy word that pretty much means “used without permission.”  We talked about what copyright owners had the right to do.  That means others don’t have the right to do those with the copyrighted item without the owner’s permission.  If they use it without permission – ding, ding, ding = Infringement! For example, … Read more

Creativity and Control is Baked in to Copyright

Copyright is a form of intellectual property law.  That means it protects the intangible aspects of a creative product that are fixed in a tangible form of expression. Specifically, it protects original works of authorship, which is defined pretty broadly to include literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer … Read more

Letter Full of Lemons

Oh, no! This company says we are infringing their trademark.  They say we need to stop by, wait, that date has already past.  They say they are going to sue!  Well, %#@$, now what?  First, take a deep breath.  Then, you can set a course of action (or inaction). Whether it comes in an envelope, … Read more

Maybe Not A Text Message With Emojis

Last week, we talked generally about cease and desist letters.  But, when do you actually send them and how? By whom? The answer was hinted at last week, and it boils down to my two favorite words:  It depends.  So let’s go into what it depends upon. When do you send one?   First, you send … Read more

Stop Laughing and Listen

Cease and desist letters are no fun.  They are no fun to send, and they are certainly no fun to receive.  They are usually the first shot across the bow when a trademark owner believes that someone is using a mark that is just a little too close for comfort.  Instead of jumping straight into … Read more

Berne[d] by Copyright Treaties

In 1886 a bunch of countries got together in one of the most important international treaties in history. Called the Berne Convention for the Protection of Literary and Artistic Works, it was intended to address the evil of cross-border infringement of Les Miserables and The Hunchback of Notre Dame. These books were so popular in … Read more

Thanks for Nothing

One of my favorite legal concepts is “genericide” or “genericize.”  That is when the public takes a perfectly good trademark and makes it value-less to the trademark owner by turning it into an everyday word. I like the drama of “genericide” because it truly is a brand-killer.  Often, it is when the marketing has been … Read more

But It’s My Name, Too!

  The use of a live person’s name for a trademark can be a problem.  In general, the USPTO is circumspect when it comes to allowing one entity to have sole dominion over a person’s name.  They want someone to be able put their own name on their business.  That means you can name your … Read more

But They Do Sell Toys, Right?

We have previously discussed descriptive marks and some problems they have.  But what if you really, really want one?  Can you still protect it?  It depends on whether or not it can eventually be recognized by customers as something more than a description of your goods and services.  If so, then the mark has gained … Read more

Wait, Who Owns It?

“Work for hire” Three simple words. I know what each means independently, but as a phrase they take on a special meaning in copyright law.  That special meaning, however, most do not know. In copyright, the creator of the creative expression of an idea (you know, the thing that is copyrighted) is the default owner. … Read more