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 current legal battle among members of the Stone Temple Pilots may evolve into an excellent example of how to avoid common mistakes that business owners…
On March 5, 2013, Zambezia Film Ltd. filed a two-count Amended Complaint attempting to allege Direct Copyright Infringement and Contributory Copyright Infringement involving the motion picture “Adventures in Zambezia” against 51 John Doe Defendants. The case is pending in the United States District Court for the Western District Court of Washington and has been…
‘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 Four Seasons,” did not infringe upon the rights of the copyright owner to The Ed Sullivan Show. SOFA Entertainment, Inc. v. Dodger…
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 company or individual from that of another. Trademarks should not be confused with copyrights. Copyright protects original artistic and literary works like music, books,…
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, etc. used by a company to identify its products or services, and distinguish them from the products or services of others. The benefit of obtaining a trademark…
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 illegal content. This affects website owners, internet service providers, SaaS companies, social media, and hosting companies. Fortunately, there is a relatively easy way…
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 product. Obviously, manufacturers will make more money if consumers buy directly from the manufacturer rather than some online generic or compatible version. So manufacturers often threaten, through their…
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, etc.) to be accessed without a web browser. RSS can be accessed by many tools, including an RSS reader, which is…
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 downloading cases and what to do about them if you find yourself defending claims that you illegally downloaded copyrighted material. Illegal Download Lawsuit Process The…
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 nominative fair use doctrine. Nominative fair use, by definition, is not trademark infringement because such use is not likely to confuse consumers….
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 an Unregistered Copyright Copyright law is unique. By simply creating something with artistic value, you own a copyright to that artistic work. However, you…
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 employer has used the mark, the employee has little or no claim to ownership of it. Unlike patent law, rights in trademarks…
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 vary from jurisdiction to jurisdiction. Absent an agreement to the contrary, the law vests ownership of inventions in the inventing party, whether that party is an…
Copyright Protection A third type of intellectual property is the copyright. A copyright protects literary and artistic “expression” as well as other types of informative media that derive their value from the particular manner in which the information is expressed. Books, musical works, plays, computer programs, paintings, sculptures, and movies are among the types of…
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 Harassment Debt Collection (to collection agency or creditor under Fair Debt Collections Practices Act) Legal Effect of a Cease & Desist Letter From a legal perspective, a cease and…
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 copyrighting encourages people to create and express new and original ideas without concern that someone else will steal away both the credit for…
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 portion to be copyrighted must be an original expression. However, there are many ways to create an…
Before understanding the consequences of trademark infringement, it is helpful to understand the purpose of trademarks. The benefit of obtaining a trademark is that it grants an exclusive right to the owner of the trademark to use that mark in the marketplace. Having an exclusive right also grants a person the right to prevent others…
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 company. Establishing a reputation linked to a mark is very important to businesses. A mark may be trademarked…
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, etc.) to be accessed without a web browser. RSS can be accessed by many tools, including an RSS reader, which is…