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skip to navigation skip to content skip to sidebar foley hoag llp massachusetts to adopt the uniform trade secrets act posted on august 9th, 2018 by philip swain with h. 4732 (and amendment h. 4868 ) sitting on massachusetts governor charlie baker’s desk, massachusetts is finally on the verge of adopting the uniform trade secrets act (“utsa”). the utsa was published by the uniform law commission in 1979 and amended in 1985, at which time many states began adopting it. new york, and possibly north carolina and alabama (there is some debate about whether their legislation has expressly adopted the text of the act),… more tags: trade secrets , utsa categories: uncategorized comments trackbacks copyright office denies protection for “unique” product packaging posted on august 6th, 2018 by david kluft if you are having trouble obtaining a federal trademark registration for a product’s packaging, some lawyer has probably mentioned to you that copyright protection is a potential alternative or supplement. this is good advice – to a point. copyright registration is relatively cheap, nobody will pester you about secondary meaning or use in interstate commerce, and you don’t need consumer confusion evidence to prove infringement. however, when it comes to creative expression,… more tags: copyright , trademark , u.s. copyright office , copyright office review board , corb , selection and arrangement categories: copyright , trademark comments trackbacks should patent and trademark applicants be required to pay uspto attorneys’ fees? posted on july 31st, 2018 by philip swain the federal circuit just issued its en banc decision in nantkwest v. iancu , concluding that the proper statutory construction of section 145 of the patent statute, which allows patent applicants to file actions in a federal district court to challenge the denial of patent applications by the patent and trademark office (uspto), does not require the challengers to pay the uspto’s attorneys’ fees.… more tags: attorneys' fees , trademark , uspto , patent categories: patent , trademark comments trackbacks how to protect your trademarks when you can’t protect your trademarks posted on july 19th, 2018 by david kluft this article was published first in cannabis industry journal while the uspto might not register your trademark, there are still some tools available to protect your intellectual property. federal trademark registrations are invaluable tools for emerging businesses. they put the world on notice of a company’s name; they can secure nationwide priority over others using similar names; they distinguish a product in the marketplace;… more tags: uspto , marijuana , cannabis categories: trademark comments trackbacks why is the european union’s proposed copyright directive so controversial? posted on july 6th, 2018 by catherine muyl and marion cavalier european harmonization in the field of copyright has always been challenging because the balance between authors’ rights and public interest is struck fairly differently from one country to another. the challenges of “the digital age” and how copyright should evolve considering the new possibilities offered by the internet only adds fuel to this fire. the new copyright directive in the digital single market is an attempt from the european union to better allocate the revenues derived from the internet by creating new obligations for internet platforms to prevent copyright infringements and requiring them to pay for linking to articles or using snippets.… more tags: hyperlink , hyperlinking; infringement , european union , freedom of expression , copyright directive , memes , snippets categories: copyright comments trackbacks restating the obvious: beer and wine are related goods for trademark purposes, except when they aren’t posted on july 3rd, 2018 by david kluft beer and wine are related goods for trademark purposes. right? we’ve seen that truism announced by the trademark trial and appeal board (ttab) time and time again. so, do you really have to prove it from scratch in every trademark proceeding? yes, you do. sure, it may seem obvious that consumers expect beer and wine to emanate from the same source. after all, they are both beverages,… more tags: likelihood of confusion , trademark , ttab , opposition , trademark trial and appeal board , relatedness , similarity of goods categories: trademark comments trackbacks enforce your trademarks now or you might be the next red hen posted on june 26th, 2018 by julia huston if you needed another reason to take action against a third party using your trademark – and you shouldn’t need another reason – consider the red hen restaurant. which red hen? that’s the point. as everyone by now knows, white house press secretary sarah huckabee sanders posted a tweet over the weekend stating: last night i was told by the owner of red hen in lexington,… more tags: registration , trademark , red hen , redhen categories: trademark comments trackbacks no, virginia, you can’t just copy stuff you find on the internet, even if you don’t notice the copyright notice posted on june 26th, 2018 by david kluft i usually don’t write a whole blog post just to disagree with a sitting federal judge, even when it’s about copyright law’s most notorious disagreement-generating machine: fair use. this is an exception. a recent decision by the eastern district of virginia may cause some individuals and non-profits to believe that it’s permissible to copy and use “publicly available” photos from the internet, as long as they don’t know whether or not the photos are protected by copyright.… more tags: copyright , fair use , good faith , innocent infringement categories: copyright comments trackbacks can a trademark licensee keep using the mark after the licensor files for bankruptcy? circuit split heads to u.s. supreme court posted on june 19th, 2018 by david kluft all you trademark lawyers better sit down, because this may come as a shock: you are not “intellectual property” lawyers . . . at least not according to section 11 u.s.c. § 101(35a) of the bankruptcy code, which intentionally omits trademarks from the definition of “intellectual property.” owing in part to this omission, there is an ongoing circuit split as to the rights of a trademark licensee when a licensor declares bankruptcy.… more tags: license , trademark , intellectual property , bankruptcy categories: trademark comments trackbacks flags as trademarks: what are the rules of the road? posted on june 12th, 2018 by julia huston i never paid a lot of attention to flag day, until the year that my daughter was born on june 14. now flag day is a special day for our family, and of course there is a lot of flag waving on independence day which comes hot on its heels. so this seems like a good time to review the rules on when you can register and use images of flags as trademarks.… more tags: trademark , uspto , flag day categories: trademark comments trackbacks can we give state cannabis trademarks some teeth while waiting for a federal solution? posted on june 6th, 2018 by david kluft cannabis trademarks. by now, most ip lawyers know two things about them. first, even though cannabis is legal in an increasing number of states ( 9 allow recreational use; 29 allow medical use ), the united states patent and trademark office (uspto) is refusing applications to federally register cannabis trademarks, no matter the home state of the applicant, until the substance gets reclassified by or removed from the controlled substances act (which doesn’t seem to be on the immediate horizon).… more tags: trademark , unfair competition , marijuana , cannabis categories: trademark comments trackbacks the thin dull line: are these auto interiors sufficiently creative for copyright protection? posted on may 29th, 2018 by david kluft are automobile interior designs eligible for copyright protection? last month, we wrote about the copyright office review board’s (corb’s) allowance of the re

URL analysis for trademarkandcopyrightlawblog.com

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Whois Information

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Domain Name: TRADEMARKANDCOPYRIGHTLAWBLOG.COM
Registry Domain ID: 1583452003_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.godaddy.com
Registrar URL: http://www.godaddy.com
Updated Date: 2016-12-16T19:45:31Z
Creation Date: 2010-01-28T17:42:24Z
Registry Expiry Date: 2019-01-28T17:42:24Z
Registrar: GoDaddy.com, LLC
Registrar IANA ID: 146
Registrar Abuse Contact Email: [email protected]
Registrar Abuse Contact Phone: 480-624-2505
Domain Status: clientDeleteProhibited https://icann.org/epp#clientDeleteProhibited
Domain Status: clientRenewProhibited https://icann.org/epp#clientRenewProhibited
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Domain Status: clientUpdateProhibited https://icann.org/epp#clientUpdateProhibited
Name Server: NS1.WEBFACTION.COM
Name Server: NS2.WEBFACTION.COM
Name Server: NS3.WEBFACTION.COM
Name Server: NS4.WEBFACTION.COM
DNSSEC: unsigned
URL of the ICANN Whois Inaccuracy Complaint Form: https://www.icann.org/wicf/
>>> Last update of whois database: 2018-12-20T10:45:36Z <<<

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  REGISTRAR GoDaddy.com, LLC

SERVERS

  SERVER com.whois-servers.net

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  PORT 43

  TYPE domain

DOMAIN

  NAME trademarkandcopyrightlawblog.com

  CHANGED 2016-12-16

  CREATED 2010-01-28

STATUS
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NSERVER

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  REGISTERED yes

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