A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more
8/20/2024
/ Business Development ,
Entrepreneurs ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Startups ,
Trademark Application ,
Trademark Infringement ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. law. As a startup founder, it’s crucial to understand what cannot be registered as a...more
In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed...more
For startup founders, navigating the complexities of trademark law is essential for protecting your brand. An important aspect of this process involves understanding opposition and cancellation proceedings. These are formal...more
8/8/2024
/ Business Development ,
Entrepreneurs ,
Intellectual Property Protection ,
Startups ,
Trademark Application ,
Trademark Cancellation ,
Trademark Opposition Proceedings ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
As a startup founder, you’re often faced with numerous decisions that impact the future of your business. One such decision is how to approach trademark applications. A crucial component of this process is selecting the...more
Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down...more
8/6/2024
/ Business Development ,
Entrepreneurs ,
Goods or Services ,
Intellectual Property Protection ,
Startups ,
Trademark Application ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
Use in Commerce ,
USPTO
When applying to register a trademark, a critical component you will encounter is selecting a “basis” for the application. Selecting the correct basis is crucial for ensuring that your application is processed smoothly and...more
As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this...more
When launching a startup, it’s crucial to establish a strong brand identity, which often includes selecting a unique name, logo and other identifiers that distinguish your products or services in the marketplace. One key...more
For startups venturing into competitive business landscapes, protecting your brand is not just an option—it’s a necessity. One of the most effective ways to protect the investment you make in building your brand identity is...more
In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner...more
5/10/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
On January 5, 2024, the Federal Trade Commission (FTC) published an article discussing privacy issues related to the DNA information that many consumers provide to genetic testing companies. This post outlines key takeaways...more
A federal judge has blocked a Montana law banning the popular video sharing app TikTok, finding “little doubt” that it was “more interested in targeting China’s extensible role in TikTok than with protecting Montana...more
A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing bring false...more
For users of generative AI programs, a growing concern has been with potential liability resulting from infringement claims by copyright owners whose materials were used to train the AI. At its annual DevDay conference in...more
On November 1, 2023, the U.S. Supreme Court engaged in a thought-provoking deliberation concerning the intersection of the First Amendment to the U.S. Constitution and U.S. trademark law, Vidal v. Elster, Supr. Ct. Case No....more
In a move that underscores the escalating tension between the music industry and artificial intelligence (AI), many of the world’s largest music publishers have filed a joint lawsuit against AI startup Anthropic over song...more
In 2021, the Department of Homeland Security started a process of adopting regulations for mobile driver’s licenses. The Transportation Security Administration (TSA) has since begun allowing mobile driver’s licenses as...more
Between February and April 2022, a professional photographer from Cologne, Germany, filed nine copyright infringement lawsuits in U.S. federal courts. What makes the cases unique is that in each one, the defendant had a...more
The Ninth Circuit Court of Appeals recently ruled in HiQ Labs, Inc. v. LinkedIn that automated web scraping of publicly accessible websites does not violate the Computer Fraud and Abuse Act (CFAA), even if the website owner...more