The Lanham Act serves as the cornerstone of federal trademark law in the United States, establishing comprehensive protections for brands, consumers, and public figures alike. Among its many provisions, Section 2(c) stands out as a crucial safeguard for famous individuals and celebrities, preventing the unauthorized use of their names in trademark registrations. What is Section …
What’s Wrong with DIY Trademark Filing Services?
In today’s digital age, do-it-yourself legal services promise quick, affordable solutions for complex legal matters. Websites like Trademark Engine, Trademark Genius, and similar platforms market themselves as cost-effective alternatives to hiring an attorney for trademark registration. While the appeal of saving money is understandable, the reality is that do-it-yourself (DIY) trademark filing services often create …
The Recipe for Legal Protection of Culinary Creations
The culinary world presents unique challenges when it comes to intellectual property protection. While chefs, food bloggers, and recipe developers invest considerable creativity and effort into their recipes, the legal landscape surrounding recipe protection is surprisingly complex and often counterintuitive. Understanding how copyright, trademark, and patent law apply to recipes is crucial for anyone in …
I.P. Issues in Gaming
The gaming industry sits at a fascinating intersection of creativity and intellectual property law, where developers, content creators, and players constantly navigate complex copyright and trademark landscapes. Understanding these legal frameworks is crucial for anyone involved in game development, streaming, or content creation. Copyright Fundamentals in Gaming Copyright protection extends to numerous elements within video …
Metadata and Web Scraping: I.P. Issues
In our increasingly digital world, data extraction and analysis have become fundamental to how businesses operate, researchers conduct studies, and AI systems learn. Two key concepts at the heart of this data revolution are metadata and web scraping technologies. While these tools offer tremendous value, they also raise significant questions about privacy and intellectual property …
Anatomy of a Trademark Scam
Trademark scams have become increasingly sophisticated, targeting business owners through email, postal mail, and text messages. These fraudulent schemes can cost you hundreds or thousands of dollars while providing no legitimate service. Learning to identify these scams is crucial for protecting your business and intellectual property. Common Types of Trademark Scams Trademark scammers typically pose …
Right of Publicity and College Athletics: the House v. NCAA Settlement
The intersection of intellectual property law and collegiate athletics has reached a historic turning point. The recent approval of the House v. NCAA settlement represents the most significant transformation in college sports since the NCAA’s founding, fundamentally altering how amateur athletes can monetize their name, image, and likeness (NIL). To understand the magnitude of this …
Understanding Section 101 Patent Subject-Matter Eligibility
Section 101 of the Patent Act, establishes the foundation for what constitutes patentable subject matter in the United States. The seemingly straightforward language – “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor” – has generated decades …
Understanding Trademark Ownership
When businesses discover that competitors are using confusingly similar marks, the immediate instinct is often to file a trademark infringement lawsuit. However, before rushing to court, trademark owners must ensure they can satisfy a fundamental requirement: proving actual ownership of the trademark in question. Under the Lanham Act, the federal statute governing trademark law, establishing …
Understanding the Elements of a Copyright Infringement Claim
Copyright cases require plaintiffs to prove specific elements to establish a valid claim. Understanding these requirements is necessary for both copyright holders seeking to protect their work and defendants facing allegedly infringing allegations. This post examines the fundamental elements of copyright infringement, focusing on the analysis of the copying requirement. Because the Court of Appeals …