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...
Patent law can be complex and overwhelming, even for experienced practitioners. In re Donald K. Forest issued by the Court of Appeals for the Federal Circuit highlights one of these challenging...
Understanding Trademark Genericism Trademark law exists to protect distinctive marks that identify the source of a particular good or service. However, when a trademark becomes so widely known that...
Copyright law broadly protects creative works and the human endeavors required to create an original work of authorship. However, creativity should not be confused with utility. A dictionary...