Picking a business or product name is one of the few early decisions a founder makes that is genuinely hard to undo later. A trademark clearance search is the availability check you run before you …
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Under federal copyright law, employers automatically own works created by employees within the scope of their employment, no written agreement required. Independent contractor work, however, belongs …
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Key Takeaways Ownership of fine-tuned AI outputs depends on licensing agreements and defined rights for derivative works and adaptations. Proprietary base models require access controls and encryption …
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Proving common law trademark rights in court requires demonstrating prior, continuous, and bona fide use of the mark in actual commerce within a defined geographic area. Key evidence includes dated …
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IP assignment clauses between parent and subsidiary companies define the ownership and usage of intellectual property within corporate structures, ensuring clarity on rights transfer, scope, and …
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Drafting intercompany agreements for shared intellectual property use requires clear delineation of IP ownership, precise licensing terms outlining scope, duration, and financial arrangements, and …
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Background IP refers to pre-existing knowledge and inventions contributed to a collaborative project, with ownership typically retained by the original party. Foreground IP comprises inventions and …
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Copyright pitfalls in internal training materials commonly stem from using unlicensed images, videos, and third-party software without proper permissions. Unauthorized reproduction of copyrighted text …
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Disputes over company name use after a founder exits commonly stem from unclear ownership and trademark rights. Ownership typically resides with the legal entity owning the registered trademark, not …
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Intellectual property clauses that automatically survive contract termination typically include ownership rights, license restrictions, confidentiality obligations, indemnification related to …
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Legal ownership of social media accounts in business typically resides with the employer when accounts are created and managed as part of employment duties. Ownership depends on contractual terms, …
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Fair use in internal training materials often fails due to the primarily commercial purpose, which diminishes transformative use protections. Extensive copying of copyrighted works without meaningful …
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Client data ownership clauses in SaaS agreements establish explicit rights and responsibilities regarding data input or generated by the client. These clauses define data scope, retention, and access …
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Termination rights in perpetual software licenses are defined by specific contractual clauses outlining conditions such as breach of payment, unauthorized use, or insolvency. These licenses grant …
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IP indemnity in SaaS agreements obligates the supplier to defend and indemnify the customer against third-party intellectual property infringement claims related to the software’s use. These clauses …
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NDAs with return or destruction clauses at termination mandate the return or secure destruction of confidential materials to prevent unauthorized retention or disclosure. These clauses specify the …
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Post-employment intellectual property (IP) assignment clauses require former employees to assign certain inventions conceived during or shortly after their tenure to the employer, subject to legal …
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Transferring intellectual property to a holding company requires identifying and valuing the IP accurately, selecting an appropriate holding company structure, and drafting a comprehensive assignment …
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Over-broad non-disclosure agreements (NDAs) present significant legal risks due to vague definitions, unreasonable duration, and expansive scope. Courts often deem such terms unenforceable, …
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Legal clauses that prevent reverse engineering serve to protect intellectual property by explicitly prohibiting the deconstruction or analysis of software, technology, or products. These provisions …
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Indemnification clauses in IP licensing agreements allocate liability for third-party claims related to infringement or breaches, protecting parties from financial losses. They define the scope of …
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Misuse of confidential information after termination is a serious legal violation with potential financial and reputational consequences. Former employees are bound by confidentiality agreements that …
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Reversion of rights upon license termination occurs when intellectual property usage rights granted under a license revert to the original owner, typically triggered by contract expiration or breach. …
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Using former employer materials poses legal risks tied to confidentiality agreements, intellectual property rights, and trade secret laws. Such agreements often extend obligations post-employment, …
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End-user license agreements (EULAs) sometimes contain unlawful provisions that undermine consumer rights, such as unconscionable terms, illegal data collection, and unfair warranty disclaimers. They …
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Documenting equity contributions from intellectual property requires accurate valuation using methods such as cost, income, or market approaches, combined with clear ownership verification. Legal due …
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Ownership of improvements made during a license term depends primarily on the licensing agreement’s provisions and relevant patent laws. Improvements can be owned solely by the licensor, the licensee, …
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Monetized fan films incorporating copyrighted material face heightened infringement risks due to unauthorized use and commercial gain. Copyright law protects original works, and fan films are …
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Drafting legal terms for the use of customer logos requires clear definition of usage rights, explicit written consent, and specified marketing channels to maintain brand integrity. Agreements must …
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When employees retain confidential materials after leaving, organizations face risks including data breaches, intellectual property theft, and legal liabilities. Such retention often stems from …
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Rights to derivative works in commercial software are primarily determined by copyright law and licensing agreements. Original creators hold exclusive derivative rights, controlling modifications and …
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Disputes over company equipment use for side projects often stem from overlapping resource demands and unclear usage policies. Unauthorized use raises legal concerns including intellectual property …
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Post-termination enforcement of IP assignment agreements hinges on clear, written contracts that specify ownership rights and employee obligations beyond employment. These agreements enable employers …
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Enforcing NDAs across jurisdictions presents significant challenges due to varying legal standards, contract interpretations, and jurisdictional authorities. Choice of law and forum selection clauses …
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Anti-scraping clauses in website terms of use explicitly prohibit unauthorized automated data extraction to protect intellectual property and ensure server stability. These provisions define …
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Misuse of company logos in employee social media posts can distort brand identity, cause legal risks, and damage reputations. Common errors include altering logo design, using outdated versions, or …
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IP licensing agreements often contain non-transferable clauses that restrict license rights from automatically passing to new owners in mergers or acquisitions. Such provisions protect licensors’ …
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Sublicensing rights in trademark license deals permit a licensee to authorize third parties to use the licensed trademark within defined parameters. These rights offer strategic advantages, such as …
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Unauthorized use of an employer’s logo after leaving the company exposes the former employee to trademark infringement claims, cease-and-desist orders, and monetary damages. It can also mislead …
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Revenue sharing from jointly owned patents and copyrights requires clear agreements detailing ownership interests, revenue allocation methods, and responsibilities of each party. Legal frameworks …
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IP assignments lacking explicit consideration clauses face enforceability challenges, as consideration legally substantiates mutual obligations in contracts. Without this bargained-for exchange, …
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Confidentiality clauses in software development agreements protect proprietary data, trade secrets, and intellectual property exchanged between parties. They define the scope, duration, and types of …
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Cross-border intellectual property assignments must comply with U.S. formalities, including written documentation clearly identifying the assignor, assignee, and specific IP rights conveyed. …
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In the absence of explicit agreements, intellectual property created by contractors typically remains owned by the contractors themselves under default legal principles. Without clear contractual …
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Enforcing non-disclosure agreements (NDAs) in court hinges on clear, unambiguous contract terms defining confidential information and obligations. Parties must demonstrate unauthorized disclosure and …
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Legal limits on parody involving commercial brands hinge on balancing fair use and trademark protections. Parody must transform the original work by adding critical commentary and avoid causing …
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IP ownership in custom software development hinges on clearly defined agreements specifying copyrights, patents, and licensing rights between developers and clients. Common models include full …
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Drafting IP assignment clauses for consultants demands explicit definitions of assignable intellectual property, encompassing all deliverables and innovations arising during engagement. Clauses must …
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Intellectual property ownership gaps in SaaS configurations often result from ambiguous contract terms and unclear distinctions between vendor and client contributions. SaaS configurations involve …
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Failure to define “confidential information” in NDAs creates significant legal uncertainties and enforcement challenges. Ambiguous or overly broad language complicates determining what information is …
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Unauthorized use of copyrighted content exposes individuals and entities to significant legal risks including civil liabilities and criminal penalties. Civil consequences entail monetary damages, …
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Intellectual property conflicts in white-labeled products often stem from ambiguous licensing agreements and unclear ownership delineations between manufacturers and resellers. Trademark disputes …
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Trademark rights grant exclusive control over the use and presentation of marks to protect brand identity and prevent consumer confusion. In product repackaging, these rights require that labeling …
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Legal structures for holding company-owned intellectual property vary in liability protection, tax treatment, and operational control. Sole proprietorships offer simplicity but expose personal assets …
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Enforcing intellectual property rights through contractual remedies involves clearly defined clauses that specify ownership, usage boundaries, and obligations. Key provisions include confidentiality, …
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Non-compete clauses in IP licensing agreements restrict licensees from engaging in activities that compete with the licensor within defined geographic and temporal limits. These provisions protect …
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Protecting company intellectual property created by interns or unpaid contributors requires explicit written agreements defining IP ownership and confidentiality obligations. Clear work-for-hire and …
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Royalty payments in intellectual property licenses are structured by selecting appropriate models (flat rate, tiered, or performance-based) based on the licensor’s objectives and licensee’s …
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Assignment of invention clauses transfer ownership of employee-created inventions to employers, ensuring organizational control over intellectual property. Their enforceability depends on clear, …
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Legal issues in transferring intellectual property after entity conversion hinge on ensuring continuity of ownership, which may not be automatic under varying state laws. Proper execution of …
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Injunctive relief in intellectual property licensing disputes serves to halt or prevent breaches when monetary damages are insufficient. Courts grant such relief based on the existence of a valid …
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Public disclosure poses substantial risks to patent strategy by potentially compromising an invention’s novelty, a core requirement for patentability. Publicly revealing technical details (whether …
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Milestone payments in patent license agreements are predefined financial obligations contingent on achieving specific development or commercialization targets. These milestones provide clear, …
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Intellectual property ownership in subcontractor-developed materials hinges on explicit contractual terms delineating rights, usage, and enforcement mechanisms. Ambiguities can lead to disputes, …
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Terminated employees retaining access to intellectual property and systems pose critical security risks, including data breaches, sabotage, and legal liabilities. Access retention often results from …
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IP ownership clauses in custom equipment builds clearly define rights over innovations, designs, and proprietary technologies created during the project. These clauses specify ownership, whether …
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Trademark specimens trigger USPTO refusals when they fail to demonstrate actual, current use of the mark on the specified goods. Common issues include reliance on promotional materials alone, absent …
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Common mistakes in trademark coexistence agreements include unclear scope definitions, neglecting future business developments, and insufficient geographic and market segment limitations. Agreements …
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IP ownership clauses in architectural design agreements define creation, usage, and modification rights of design assets. They clarify whether ownership is assigned to the client, retained by the …
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Unauthorized use of a former employer’s intellectual property post-exit carries substantial litigation risk, including claims for trade secret misappropriation, copyright infringement, and breach of …
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IP reversion clauses specify conditions under which intellectual property rights revert to the licensor if a contract terminates early, often triggered by breaches, insolvency, or mutual agreement. …
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The scope of “field of use” in intellectual property licenses specifies the precise applications, industries, or geographic markets in which the licensed rights may be utilized. It delineates …
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Enforcing territorial limits in IP license agreements relies on clearly defined geographic boundaries and explicit contractual language to minimize disputes and unauthorized use. Legal frameworks …
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IP indemnity clauses in technology vendor contracts assign responsibility for defending and compensating against intellectual property infringement claims linked to the vendor’s products or services. …
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An IP license revenue sharing formula typically allocates income based on predetermined percentages applied to either gross or net revenue, factoring in licensing exclusivity, market demand, and …
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An IP rights reversion clause is a contractual provision that defines specific conditions under which intellectual property rights transfer back to the original owner from a licensee or assignee. It …
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A trademark portfolio audit checklist includes identifying all registered marks with classifications and jurisdictions, verifying active registration status, and reviewing renewal deadlines to ensure …
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A patent claim drafting checklist emphasizes thorough understanding of the invention and prior art to identify novel elements accurately. It involves defining a clear preamble and crucial components …
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Fraudulent transfer defense in intellectual property licensing focuses on disproving intent to hinder creditors through IP transactions executed near insolvency or at undervalued rates. Defendants …
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A copyright transfer agreement is a formal legal contract that assigns exclusive ownership rights of a copyrighted work from the original author to another party, typically a publisher. It clearly …
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A trade secret protection policy template defines protocols to secure proprietary information and maintain competitive advantage. It typically outlines the scope of confidential data, access controls, …
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Tariffs and intellectual property (IP) protection are critical for businesses operating internationally. Tariffs increase costs by imposing taxes on imports, impacting profit margins. Meanwhile, …
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To address licensing agreement breaches in music contracts, one should first recognize common causes like ambiguous terms and misinterpretations of rights. Signs of a breach include unauthorized use …
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An effective IP commercialization roadmap is essential for organizations seeking to maximize their intellectual property’s potential. It begins with understanding the types of IP, followed by a …
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A copyright infringement notice template is a formal document used by copyright holders to assert their rights against unauthorized use of their intellectual property. It typically includes crucial …
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Copyright infringement settlements resolve disputes over unauthorized use of protected works. These agreements can avoid costly litigation and provide quick resolutions. They also carry risks, such as …
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Copyright and fair use are fundamental in advertising, defining how brands utilize copyrighted material responsibly. Fair use allows limited use under specific conditions, balancing creativity and …
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The legal implications of brain-computer interfaces (BCIs) are multifaceted, involving key issues like privacy, consent, intellectual property, and ethical concerns. Privacy risks arise from sensitive …
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Licensing agreement termination involves the legal cessation of permissions granted for the use of intellectual property. Common reasons include breaches of contract, non-payment of royalties, and …
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The use of unlicensed software poses significant legal risks, primarily through potential copyright infringement and associated penalties. Unauthorized software distribution can result in fines, legal …
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Exclusivity clauses in streaming content contracts establish specific rights for content distribution, granting certain platforms exclusive access to media offerings. These clauses enhance visibility …
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The inevitable disclosure doctrine is the theory that a departing employee who knows a former employer’s trade secrets will inevitably use or reveal them in a sufficiently similar job, and may …
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Key legal issues in software development agreements include the clear definition of scope and deliverables, ownership of intellectual property rights, structured payment terms, and established project …
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A perpetual license clause in intellectual property agreements grants licensees indefinite rights to use licensed materials, subject to specified conditions. This arrangement often provides licensors …
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A residuals clause in confidentiality agreements delineates the conditions under which individuals may utilize insights obtained from confidential information after the termination of their …
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Customer data monetization involves significant legal risks, primarily due to stringent regulations such as GDPR and CCPA. Non-compliance can lead to hefty penalties and reputational harm. …
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The implied license doctrine is pivotal in intellectual property disputes, permitting the use of copyrighted and patented materials based on inferred consent from the conduct and circumstances of the …
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Legal requirements for genealogy data privacy encompass a range of federal and state regulations. Key federal laws include the Privacy Act and the Genetic Information Nondiscrimination Act (GINA), …
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This post is part of a series of posts entitled A Guide To Intellectual Property Protection. For a comprehensive list of articles contained in this series, click here. The financial cost of enforcing …
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This post is part of a series of posts entitled A Guide To Intellectual Property Protection. For a comprehensive list of articles contained in this series, click here. Identical Inventions Developed …
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This and the following posts have been copied or adopted from A Guide To Intellectual Property Protection, published through a collaborative effort by the Minnesota Department of Employment & …
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U.S. Trademark International Classes This is a list of classes selected when applying for a trademark registration in the United States: International Classes Goods 001 Chemicals 002 …
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Introduction If your business works in the entertainment industry, the oil and gas industry, or certain other industries, you may become a party to a contract involving royalties. This article …
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To show that particular information is a trade secret, a firm . . . must demonstrate that it is valuable, not known to others who might profit by its use, and has been handled by means reasonably …
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We are surrounded by road signs. They are on our way to work. They are next to our front yards. They are everywhere. So are company logos. They are on TV. They are on our products. They are also …
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Trademark infringement lawsuits are usually brought in federal court, but the law does not prohibit such cases from being adjudicated in state court, regardless of whether the case turns on …
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If you run a Minnesota business, protecting your confidential information rarely turns on a single fact. Under Minnesota common law, whether your information qualified as a trade secret did not turn …
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What Types of Trademarks Are the Easiest to Defend? Types of trademarks fall into one of five categories based on their distinctiveness. The categories are also known as the “Abercrombie …
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What Examples (a.k.a. “Specimens”) Do I Need to Show Trademark Use? Trademark registration requires you to show the actual use of your trademark within the context of your offerings to the public. …
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Introduction In this video, you get answers to thius question: Can you get a trademark for Cannabis related goods and services? The following provides guidance to business owners who want to obtain a …
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A Coffee-Mark Hypothetical Consider a hypothetical that tracks the kind of dispute trademark owners regularly face. A coffee company owns a well-known trademark for its line of blended, ice-based …
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I suspect that most of you are very familiar with Disney and its signature spokesperson, Mickey Mouse. There are probably fewer of you that are familiar with Deadmau5 (pronounced “dead mouse,” real …
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Outside the trademark arena, the idea of unfair competition exists in both the common law and statute to protect businesses that have suffered an injury through deceptive or wrongful business …
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Unincorporated Association Trademark Example: Southern California Darts Association On August 11, 2014, the Court of Appeals for the Ninth Circuit, in which the states of Arizona, California, Nevada, …
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In trademark law, “likelihood of confusion” is the primary legal standard for trademark infringement. A recent decision from the 9th Circuit Court of Appeals nicely articulates the black letter law …
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After a plaintiff has been able to prove copyright infringement a defendant can allege a number of defenses, including fair use. A defense of fair use is not alleging that an infringement did not …
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Paris Convention The Paris Convention applies to patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, the repression of unfair competition and …
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There are situations where you can use another company’s trademark and have that use protected as “fair use.” Some words used as trademarks also carry an independent descriptive, …
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Scandalous or Immoral Update: The Supreme Court has struck down this bar. In Iancu v. Brunetti, 588 U.S. 388, 139 S. Ct. 2294 (2019), the Court held that the Lanham Act’s prohibition on …
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The notion of fair use is something that every person or party with a trademark or copyright should be aware of. While having a trademark and a copyright exists to provide protection so the person who …
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A person obtains a trademark by being the first to use it in commerce on a good or service. It must be something that may be validly trademarked. Descriptive marks and generic marks generally may not …
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Why You Need a Solid Written Agreement with Your Partners: The Unfortunate Tale of Stone Temple Pilots You Control Intellectual Property Your Company Creates by a Written Partnership Agreement The …
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‘Jersey Boys’ Wins Important Copyright Challenge The Ninth Circuit Court of Appeals has ruled that the producers of the hit play, Jersey Boys, chronicling the rise to stardom of the musical act, “The …
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What is a Trademark? A trademark protects words, phrases, names, sounds, logos, symbols, designs, or a combination of these elements used to identify or distinguish the goods and services of one …
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Trademarks are one of the legal tools people use to protect their “intellectual property”: ideas, designs, inventions, and so on. In particular, trademarks protect any word, phrase, symbol, design, …
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Any website that allows users to post or upload images, audio, video, or text content may be concerned about being liable for illegal content such as copyright infringement, illegal porn, or other …
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Ecommerce websites often sell generic versions of a manufacturer’s product. These might be replacement parts, compatible parts, or another product that works with the manufacturer’s brand name …
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This article explains whether RSS feeds are copyrighted. In short, the answer is YES. What is RSS? Websites are norally accessed with a web browser. RSS is a technology that allows a webpage (blog, …
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I have represented a number of defendants in cases involving claims that they illegally downloaded a movie, video, music, or software. The following outlines the process involved in these illegal …
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Nominative Fair Use Overview “Nominative fair use” is one exception to the general rule that you may not use another’s trademark in commerce. That is, use of another’s trademark is allowed under the …
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The reason that everyone must register a copyright is simple: In general, you cannot sue for copyright infringement unless you have a registered copyright. You Cannot Sue for Copyright Infringement of …
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A Minnesota employee or independent contractor who conceives of a successful trademark or trade name may conclude that the mark is personal, not employer, property. As a matter of law, however, if the …
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Although rules of ownership applicable to copyrighted works are established by statute under the federal Copyright Act, ownership of inventions is generally governed by applicable state law, which may …
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Cease and desist letters may be useful in a number of circumstances including Defamation, Slander, or Libel Trademark Infringement Copyright Infringement Patent Infringement Breach of Contract …
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A person who expresses an original idea has a copyright in the original idea. This gives the person the exclusive right to reproduce, sell, act out, or otherwise copy the expression. Allowing …
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A person may obtain a copyright in his or her work under certain circumstances. A person may not copy the entire work of another and obtain a copyright in that work. In order to copyright a work, the …
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Trademarks give notice of the source of a good or service. Marking goods or services is a way of putting your name on it. Often times, many related goods or services bear the same mark by the same …
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This article explains whether RSS feeds are copyrighted. In short, the answer is YES. What is RSS? Websites are normally accessed with a web browser. RSS is a technology that allows a webpage (blog, …
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