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Internet Eviction: Using the UDRP to Boot Cybersquatters

Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the...more

Making Every Dollar Count: Should Startups and Small Businesses Register Their Trademarks?

How important is reputation in your line of work? What is it worth? Does it matter that others associate your company with consistently high-quality goods or services? That your company represents a strong value-add...more

Trademark Trolls Circling Redskins Unlikely to See Big Pay Day

For decades, the Washington Redskins’ name has been the center of controversy, both in federal court and in the court of public opinion. Native American groups have long decried the name as a racial slur and have challenged...more

Generic.Nope: Supreme Court Deems BOOKING.COM a Distinctive, Registrable Mark

The U.S. Supreme Court has ruled that Booking.com B.V., the owner of the hotel-reservation website of the same name, is entitled to register the mark BOOKING.COM with the United States Patent and Trademark Office (“USPTO”)....more

Catch a Tiger by the Toe: How the Tiger King Got Caught (for Copyright Infringement)

Caution: Spoilers Ahead. Netflix’s wildly popular documentary series Tiger King: Murder, Mayhem and Madness continues to capture the imagination of the public as countless media reports and a follow-up Netflix episode...more

Beating Tigers: How Carol Baskin Slayed the Tiger King (with Trademark Law)

Caution: Spoilers Ahead. Netflix’s documentary series “Tiger King” is currently the number one show on the streaming service and one of the most talked about shows in media. The series explores the peculiar world of private,...more

How Amazon’s Liability for Third Party Products Will Harm Amazon Sellers

In late 2019, the U.S. Court of Appeals for the Third Circuit held Amazon liable as the seller of a third-party's dog collar that broke causing the retractable leash to recoil, hitting and blinding the purchaser in one eye....more

Intellectual Property 101 for Business Owners

Although many business owners have a general idea of what intellectual property is, most are not as familiar with the different types of intellectual property and what may be protected. This can be an expensive learning curve...more

Why Register My Trademark? The Benefits of Trademark Registration

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Proper Use of Photographs on Amazon

Great photographs of your product are essential to a successful Amazon listing. Following certain basic rules is critical to keeping your listing from being shut down. In addition to satisfying the minimum requirements so...more

Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits

The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more

Born in the USA: When Can Products Be Marketed as “Made in the USA”?

Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider...more

Epic Win for Employers on Individual Arbitration Agreements

The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Why Register My Copyrights? The Benefits of Copyright Registration

Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more

What’s in a Name? Trademark Strength in the Blockchain Space

Following the recent investment frenzy in crypto-currencies, blockchain technology has seemingly reached mainstream status. Many different uses for this technology have emerged and are disrupting public and private-sector...more

Fair Enough: The “Fair Use” Defense to Trademark Infringement

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more

Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers

Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...more

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

Monkeying with Copyrights: Who Owns the Monkey Selfies? A Lesson in Copyright Ownership

People for the Ethical Treatment of Animals (PETA) recently filed a copyright infringement lawsuit on behalf of a crested macaque monkey, who famously snapped a smiling selfie of himself using wildlife photographer David...more

To SPDS or Not to SPDS: Is the Standard Disclosure Form in the Best Interest of Sellers?

It is a common misconception that a seller’s completion of the Arizona Association of Realtor’s Seller Property Disclosure Statement (“SPDS”) is required by law and will eliminate litigation regarding non-disclosure. The...more

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