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Trademark Registration for the Small to Medium Enterprise

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For a Small to Medium Enterprise (SME), a trademark is more than just a logo; it is a primary business asset. While “common law” rights exist simply by using a name in business, they are...

Group Registration for 2D Artworks Now Available

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For years, visual artists—painters, illustrators, and graphic designers—have faced a frustrating choice: pay a separate filing fee for every single published work or leave their portfolio...

Is it Fair Use to Use Copyrighted Material to Train AI Machines?

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Short answer: maybe. As of early 2026, the law surrounding AI and fair use is in a state of active transition. Federal courts are still figuring out the contours of copyright law given the new AI...

Closing the Gap: USPTO to Require U.S. Counsel for Foreign Patent Applicants

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The landscape for international inventors is shifting. On December 29, 2025, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking that seeks to end the era of...

Data as Property Right

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Privacy law is complicated. While U.S. courts have generally refused to recognize personal data as a traditional property right, the right to privacy is a tantamount constitutional right with high...

Privacy Law and I.P.: Key Issues and Intersections

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Privacy law and intellectual property law are two distinct yet increasingly interconnected areas of U.S. law. While I.P. protects creative and innovative works, privacy law protects personal...

Understanding Generic Marks

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One of the fundamental principles of trademark law is that certain terms cannot function as trademarks because, as being merely descriptive of the goods or sources, these marks lack the role as an...

The Sixth DuPont Factor: Third-Party Use and Registrations

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When the USPTO examines trademark applications or when courts assess potential trademark infringement, they rely on a multifaceted analysis to determine whether two marks are likely to cause consumer...

Understanding Dilution in Trademarks

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The federal Lanham Act provides trademark owners various legal causes of action, including trademark infringement and dilution. While trademark infringement requires proof of consumer confusion,...

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