Jeff likes to say, “There are only three “fairs” in the world: The county fair, the state fair, and the World’s Fair.” However clever that is, in copyright law, we also have fair use. I’ve been getting asked a lot of forms of, “If I do X, am I doing something wrong with someone else’s … Read more
Companies use words, designs, logos, colors, sounds and smells to help customers find and remember the company’s wares. If you want to buy a cold, caffeinated, carbonated beverage, you may choose a distinctively shaped bottle with cursive writing. If you are looking for tax preparation services that has its own online software, you may choose … Read more
In order to obtain a trademark registration, you have to show your mark actually being used on the goods or services being claimed in the application. It’s called providing a specimen of use. Sometimes, that is really easy. Nike claims their “Swoosh” on shoes, and there it is on the side of the shoe (and … Read more
We discussed infringement last week, but what we didn’t say was this is “direct infringement.” This is when the party who is held responsible is the one who actually engaged in infringing activities. OK, that makes sense, but you’re thinking, “If you are saying that, then there is something else? Someone can be held responsible … Read more
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
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
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
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
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
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