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Is Your Company’s Board of Directors Cyber Savvy?

Every company should expect that at some point it will experience a data breach. Whether as a result of hackers, disgruntled employees, or careless acts such as losing an unencrypted phone or laptop, data breaches may subject...more

SCOTUS Holds Copyright Owners Must Wait For Registration Certificate Before Suing

On March 4, 2019, the United States Supreme Court held that, with certain exceptions, a copyright owner must obtain a copyright registration certificate from the Copyright Office before filing a copyright infringement suit....more

Law Students Seek to “Free Rapunzel from The Trademark Tower” by Opposing RAPUNZEL as a Trademark for Dolls

In an interesting case pending before the TTAB, law students from the Suffolk University IP and Entrepreneurship Clinic have opposed an application filed by United Trademark Holdings, Inc. to register RAPUNZEL as a trademark...more

Privacy and Data Security Strategies for Start-Up Companies

Start-up companies know that, when potential investors kick the tires, they will look carefully at the company’s business model and IP portfolio. These days, investors are also likely to look at whether the company is in...more

The Ultimate Girls Versus Boys Battle Of The Trademarks: Girl Scouts Sue Boy Scouts for Trademark Infringement and Dilution

When I heard that the Girl Scouts of the United States of America filed a lawsuit against the Boy Scouts of America last week, I was fascinated. As a former Girl Scout and troop leader myself, who also happens to practice...more

National Geographic “Iceberg” Photo Stirs A Copyright Controversy, But No Lawsuit As Of Yet

The National Geographic Society is an interesting organization. Since 1888, it has published the iconic magazine National Geographic, recognizable to many by the trademark yellow border on the cover page. And yes, that border...more

9/11/2018  /  Copyright , Trademarks

Enforce Your Trademarks Now Or You Might Be The Next Red Hen

If you needed another reason to take action against a third party using your trademark – and you shouldn’t need another reason – consider the Red Hen restaurant. Which Red Hen? That’s the point....more

Flags as Trademarks: What are the Rules of the Road?

I never paid a lot of attention to Flag Day, until the year that my daughter was born on June 14. Now Flag Day is a special day for our family, and of course there is a lot of flag waving on Independence Day which comes hot...more

A Christmastime Copyright Tale Featuring A (Very) Grown Up Cindy-Lou Who

Are you sick and tired of the Christmas spirit? Apparently, you are not alone. Meet Matthew Lombardo, the author of a comedic play called Who’s Holiday! Billed as “the show Dr. Seuss doesn’t want you to see,” Who’s...more

Europe’s Answer To “I Love New York”: The Official Trademark Of Venice

This summer, I was lucky enough to vacation with family and friends in Venice, Italy. Highlights included seeing the traditional city sights, riding around the canals in a gondola, seeing glass being blown on the Island of...more

9/5/2017  /  Italy , Trademarks

Trademark Investigations In The Age Of Social Media: When Can You “Friend” An Adversary?

I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries, see the world through their...more

Happy Birthday To Me: An Iconic Song Enters The Public Domain After Copyright Settlement

As I turn 50 years old this week, I can’t help but think of the famous Happy Birthday song and the class action that resulted in its entering the public domain earlier this year. The class action plaintiffs in that case...more

Happy Birthday, National Parks! Would You Like Your Trademarks Back?

August 25, 2016 marks the 100th birthday of the National Park Service, which runs the nation’s 413 national parks. Although I am not a particularly outdoorsy person, my relatives are, so here we are on summer vacation in...more

Copyright Strategies for Start-Up Companies

As a leader of a start-up company, you are probably aware of the importance of protecting your company’s innovative products, services and technologies through patent filings. If you are savvy, you are also aware of the...more

Trademark Strategies for Start-Up Companies

Most innovative start-up companies appreciate that a sound patent strategy is critical to success in the marketplace, and in making the company attractive to investors and future acquirers. But they overlook the importance of...more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

Opportunities for Trademark and Copyright Lawyers To Volunteer During Pro Bono Month

October is Pro Bono Month in many states, including Massachusetts, New York, Michigan, New Hampshire, Maine, Rhode Island, Indiana, Tennessee, and Alabama. The ABA has created an annual weeklong National Pro Bono...more

Flummoxed By FLANAX: TTAB Cancels Trademark Registration Based On Misrepresentation As To Source Despite No Use In U.S. By...

In an interesting precedential decision, the Trademark Trial and Appeal Board (TTAB) canceled a registration for FLANAX despite the fact that the petitioner, Bayer Consumer Care AG, did not use FLANAX in the United States,...more

Brand Wars: Will the Real Ronald McDonald Please Stand Up (and Eat a Taco Bell Taco on Camera)?

Last week, Taco Bell released a TV commercial featuring real men named Ronald McDonald enjoying Taco Bell’s new breakfast items. This is very creative advertising, but is not for the faint of heart. Using a competitor’s...more

4/1/2014  /  Brand , Copyright , Trademarks

Top 5 Reasons to Audit Your Trademark Portfolio in 2013

The start of a new year is a great time to take stock of where your company’s business has been and where it is headed. If you have not done a trademark audit within the last few years, here are five good reasons why you...more

1/2/2013  /  Audits , Trademarks
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