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
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
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
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
For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players...more
A recent case decided by the Ninth Circuit Court of Appeals, which is the federal appellate court for Arizona and California, has made a predictable determination that a sequence of yoga moves cannot be protected as...more
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
10/12/2015
/ Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
PETA ,
Photographs ,
Popular ,
Public Domain ,
Selfies ,
Work-For-Hire ,
Young Lawyers
For the first time ever, an Arizona state court has recognized that individuals enjoy a right of publicity that protects them from the unauthorized use of their name or likeness for commercial or trade purposes. In its April...more