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...
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...
The zone of interest test is a component of the standing analysis in trademark litigation, serving as a gatekeeper to determine which parties may pursue claims under the federal Lanham Act. This...
The doctrine of foreign equivalents represents one of the more nuanced areas of trademark law, sitting at the intersection of linguistic analysis, consumer perception, and legal precedent. This...
Copyright law protects original works of authorship, but the definition of “originality” often creates layers of confusion among creators and authors (referred to as “authors”). At its core, the...
The Controversy In late May 2025, President Trump fired Shira Perlmutter, who led the U.S. Copyright Office. This was just days after he also dismissing the Librarian of Congress, Carla Hayden. The...
The false suggestion doctrine is a limitation on trademark registration, designed to protect the public from misleading associations with recognized entities or symbols. Overview Section 2(a) of the...
In today’s digital economy, subscription-based content platforms like OnlyFans, JustforFans, Vimeo, Patreon, and YouTube have created unprecedented opportunities for creators to monetize their work...
Color Marks: The Basics Color marks represent one of the more challenging types of non-traditional trademarks. Since the landmark Supreme Court decision in Qualitex Co. v. Jacobson Products Co.,...
Introduction In copyright infringement cases, courts must determine whether one work impermissibly copies another’s protected expression. While the widely used “extrinsic test” focuses on comparing...