General Business Intellectual Property Communications & Media

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Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in...more

Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties

Kimble v. Marvel Enterprises - The U.S. Court of Appeals for the Ninth Circuit, in affirming a district court decision that toy maker Marvel was not required to make payments after the expiration of a patent,...more

Canada Counters Counterfeiting: Border Enforcement Provisions of CCPA Come into Force

After years of calls for reform from intellectual property rights owners, the Canadian government has enacted new legislation in an effort to fight counterfeiters acting on a commercial scale. Bill C-8, the Combating...more

Product labeling requirements aren't all black and white

Your company has created and developed a new, innovative product. You’ve tested your product, you’ve adopted a new trademark, and you’re ready to begin manufacturing. The remaining steps of preparing your product for sale,...more

Top Ten Reasons Why US Trademark Searches are Important to Every Business

As we ring in the new year, we thought we would remind everyone why the importance of a comprehensive trademark search for a new company name and for a new trademark cannot be overstated:...more

Fast Food Non-Compete Agreements?

Fast food is very secretive. Colonel Sanders Kentucky Fried Chicken has eleven secret herbs and spices. Bakers have attempted to reverse engineer Mrs. Fields Chocolate Chip Cookie recipe, but it remains a closely held...more

5 Most Popular eMediaLaw Posts of 2014

This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie?  This year we learned that no, the photographer...more

Top five shifts in Internet law in 2014

Internet law is always changing. Here’s my impressionistic list of five of the most significant 2014 shifts affecting businesses that operate in the Internet space. David Letterman will be off the air soon, so I won’t follow...more

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

Top 10 Legal Mistakes For Start-Ups

1. You Haven’t Lawyered Up. OK, that may be a little dramatic, but the worst case scenario is that you have a handshake deal with your co-founders. After all, we are all buds, this won’t go wrong. Even if it never goes...more

Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more

The Stuff of Novels

We’ve all heard of Google. But have you heard of Google X? Google X is Google’s super somewhat secret research facility, a la Q Branch of Ian Fleming’s 007 spy novel fame, which has as its mission the...more

“Crumbs” of Hope for Trademark Licensees

You are a trademark licensee, and your licensor suddenly declares bankruptcy. Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement. What does this mean for you? Although intellectual...more

ICANN Gears Up for Second Round of gTLD Applications Even as First Round Still Underway

The most significant development in the Internet space in recent years is the ongoing generic top-level domain (gTLD) expansion. (As a reminder, a TLD is what appears to the right of the "dot" in a domain name (i.e., .COM,...more

You May Not Be Entitled To Use Your Own Name

Working with several artisan food and alcohol producers as clients, we frequently notice that using one’s own name (first, last, or both) as a brand name in association with one’s goods is very common in these industries....more

Social Media and Non-Solicitation Covenants – Another LinkedIn Cautionary Tale, but this One for Employers

Those of you who joined us for our November 13 webinar on “Post-Employment Solicitation of Customers & Employees in the Social Media Age” will be interested in a recent social media-related non-solicitation case from...more

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

Legal Brief: Financial Dreams--Four Legal Risks of Crowdfunding Your Best Ideas

When Sunny T. wanted to launch a new line of titanium accessories, he did not get out his credit cards or call his rich uncle for a loan. He launched a Kickstarter campaign where people could contribute money to his venture,...more

Utility to Small Business of New Top Level Domain Names Questioned

This spring, ICANN (the Internet Corporation for Assigned Names and Numbers), the non-profit private organization charged with coordinating internet addresses, released 600 new generic top level domain (gTLD) names,...more

Intellectual Property Basics (Updated)

You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a...more

Intellectual Asset Management Best Practices – Part 2

In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization...more

Canada’s New Trademark Law and What it Means for Business

Through sweeping legislation smuggled in by means of an omnibus budget bill, Canada’s trademark registration regime will be changed more dramatically than at any time in the last 50 years. The changes are giving trademark...more

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

Aereo Loses Bid to Resume Operations

The U.S. Supreme Court ruled in June that Aereo, Inc., an online streaming service, was violating copyrights by retransmitting television broadcasts without the networks’ permission. The Court’s decision was based upon its...more

Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your...more

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