In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content,...more
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
As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents...more
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
“Play an active role in supporting our community and those less fortunate by contributing time, money, and expertise to enrich the lives of others and improve our community. We can and do make a difference.”...more
Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more
6/18/2021
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
DMCA ,
Intellectual Property Protection ,
Internet ,
Internet Service Providers (ISPs) ,
Photographs ,
Public Domain ,
Social Media ,
Takedown Notices ,
Website Owner Liability ,
Websites
If you want to use photographs, graphics, or other content without paying a fee or by paying a one-time fee rather than an ongoing royalty, it is important that you understand the law to avoid subjecting yourself or your...more
If you want to use content that you did not create, it is helpful to know whether that content is copyright-protected or whether you can use it without permission. Whether the content is text, drawings, graphics, photographs,...more
If someone has copied or reproduced your book, article, blog, artwork, photograph or other copyright-protected works without your permission, you have several options. Before using any of these options, be sure that you...more
Copyrights are a bundle of legal rights belonging to the owner of an original work of authorship. Federal statutes provide that copyright protection subsists in “original works of authorship” that are fixed in any tangible...more
Many of us find ourselves attending meetings by video conference, such as Zoom. You might even be having confidential interactions with your clients, medical providers, or legal providers. If you are wondering how secure...more
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
1/29/2020
/ Amazon ,
Bodily Injury ,
Buyers ,
Corporate Liability ,
Online Marketplace ,
Popular ,
Product Defects ,
Sellers ,
Strict Liability ,
Third-Party Service Provider ,
User-Generated Content ,
Website Owner Liability
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
9/17/2019
/ Cease and Desist Orders ,
Confusingly Similar ,
Corporate Branding ,
Counterfeiting ,
Cybersquatting ,
Dispute Resolution ,
Domain Names ,
Enhanced Damages ,
Exclusivity ,
Goodwill ,
gTLD ,
Imports ,
Intellectual Property Protection ,
Lanham Act ,
Madrid Protocol ,
Online Platforms ,
Popular ,
Trademark Clearinghouse ,
Trademark Infringement ,
Trademark Registration ,
Trademark Symbols ,
Trademarks ,
UDRP ,
Use in Commerce ,
USPTO
JW Way Fundamental #20: Be a Mentor "Help others. Take responsibility to coach, help, guide, teach, and mentor others. Contributing to the success of others enhances your own success and well-being, as well as our firm." ...more
JW Way Fundamental #3: Clarify and Manage Expectations
"Establish mutually agreeable expectation as to the time, expense, and goals of every engagement. Let people know what to expect and when. Ensure clarity by reviewing...more
On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the...more
5/21/2019
/ Appeals ,
Contributory Infringement ,
Copyright Infringement ,
Copyright Ownership ,
Copyright Registration ,
Direct Infringement ,
Enhanced Damages ,
Internet ,
IP License ,
Jury Trial ,
Photographs ,
Reaffirmation ,
Remand ,
Statutory Damages ,
Vacated ,
Vicarious Infringement ,
Web Developers ,
Website Owner Liability
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
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
On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more
8/8/2018
/ Appeals ,
Attorney's Fees ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Copyright Registration ,
Corporate Counsel ,
Film Industry ,
Injunctive Relief ,
Judicial Discretion ,
Litigation Fees & Costs ,
Nominal Damages ,
Peer-to-Peer ,
Prevailing Party ,
Reversal ,
Statutory Damages ,
The Copyright Act
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
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
5/15/2018
/ Attorney's Fees ,
Cease and Desist ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Ownership ,
Copyright Registration ,
Customs and Border Protection ,
Derivative Works ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Product Exclusivity ,
Statutory Damages ,
Valuation
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
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
2/9/2018
/ Approval Requirements ,
Breach of Contract ,
Contract Terms ,
Copyright ,
Copyright Infringement ,
Damages ,
Intellectual Property Protection ,
IP License ,
Jury Trial ,
Trademark Infringement ,
Trademarks
If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more
Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark...more