Trademark and Product Placement

Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. As a viewer, I appreciate when product placement is used (in admittedly rare instances) to drive the plot. As a trademark attorney (since I can’t seem to turn it off), I appreciate the … Read more

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

Will You Go Out With Me?

Unsurprisingly, I find myself often being asked to describe what “intellectual property” is.  I, all too often, find myself giving a description that is not all that helpful.  If you are asking what “intellectual property” is, then saying “intangible business assets” isn’t going to get us much closer to understanding.  One way that I have … Read more

Dancing the Fortnite Away

The Copyright Act provides for copyright protection in “pantomimes and choreographic works”, but they have to be fixed in tangible form. According to the Copyright Office, “choreography is the composition and arrangement of a related series of dance movements and patterns organized into a coherent whole”, and pantomime is “the art of imitating, presenting, or … Read more

Inked Up for Copyright

We have previously discussed that ownership of copyright defaults to the creator of work and that someone else can’t just use or duplicate the work without the owner’s permission. So, it wouldn’t be surprising to those who read our blog regularly to hear that some creators are upset that a party has taken their works … Read more