As discussed in my previous article, recent guidance from the Copyright Office and subsequent judicial opinions supporting the Office’s position have made it clear that purely AI-generated works are not protectable by...more
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
5/18/2019
/ Amazon Marketplace ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Damages ,
Fair Use ,
Photographs ,
Public Domain ,
Risk Mitigation ,
Selfies ,
Statutory Damages ,
Technical Standards ,
Without Consent
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
4/3/2018
/ Advertising ,
Brand ,
Endorsements ,
Fair Use ,
Goods or Services ,
Likelihood of Confusion ,
Logos ,
Marketing ,
Nominative Fair Use Doctrine ,
Sponsors ,
Trademark Infringement ,
Trademarks
All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more
12/15/2016
/ Cease and Desist ,
Celebrities ,
Fair Use ,
Goods or Services ,
Intellectual Property Protection ,
IP License ,
Name and Likeness ,
Personal Brands ,
Popular ,
Right of Publicity ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
USPTO