Thursday, December 24, 2015

Is there A Santa Claus?

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VIRGINIA, your little friends are wrong. They have been affected by the skepticism of a skeptical age. They do not believe except they see....
Tuesday, December 22, 2015

Federal Circuit Allows Disparagement of Asians

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The Federal Circuit Court of Appeals ruled this morning that it is illegal for the federal trademark office to refuse to register a trademar...
Saturday, July 4, 2015

Happy Birthday America

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Freedom, happiness, true voting rights, true religious liberty, and true free speech are keystones of a true, stable and strong democracy. ...
Tuesday, June 30, 2015

ICANN Considers Eliminating Anonymity For Commercial Websites

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ICANN is studying a proposal to eliminate the ability of owners of commercial websites from hiding their identity through alias registration...
Thursday, June 25, 2015

What Does A Brand Owner Want From A Brand?

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This brief essay on the meaning and power of brands to communicate with customers is provided by David Altschul of Character LLC. David advi...
Thursday, June 18, 2015

Mein Kampf Copyright Expires This Year

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Hitler died 70 years ago, in 1945. The term of copyright under German copyright law expires 70 years following the author's death. And s...

Trademarks and License Plate Law

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The Supreme Court ruled today that the State of Texas does not have to issue a license plate bearing a privately proposed design if it does...

The Statute of Liberty Was Patented

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The Statute of Liberty, designed and crafted by Frederic Auguste Bartholdi of Paris, was patented in the U.S. on February 18, 1879 . The pat...
Monday, June 8, 2015

Intent To Use Trademark Filings Require An Objective Bona Fide Intent

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U.S. trademark law permits the filing of a trademark application based either upon an actual present use of the trademark in commerce or upo...
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Reverse Image Search Technology Will Increase Infringement Claims Over Photographs

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It used to be the rule of dumb luck that accounted for the happenstance detection of a wrongful use of a photographic image. The owner of a ...
1 comment:
Tuesday, June 2, 2015

Creating Something Out Of Nothing -- Copyright In A Compilation

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There are many things that can serve as subject matter for a valid copyright, including music, text, photos, motion pictures, sound records ...
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Thursday, May 28, 2015

225th Anniversary of First U.S. Copyright Law

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This Sunday, May 31st, marks the 225th anniversary of the first U.S. copyright law enacted under the new Constitution. The Copyright Act of ...
Tuesday, May 26, 2015

Lack of Knowledge That A Patent Is Valid Is NOT A Defense To Patent Infringement

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The U.S. Supreme Court ruled today , in a case of first impression, that a purported infringer's lack of knowledge that a patent is vali...
Thursday, May 21, 2015

Can Parmesan Cheese Exist Outside of Parma, Italy?

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Trademarks can be tricky, particularly if the trademark contains the name of a geographic region. And more certainly so when the geographica...
Wednesday, May 20, 2015

Judge Kozinski Forgot About Oscar Wilde, But The Ninth Circuit Didn't

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Napoleon Sarony was a well-known photographer operating in New York during the middle part of the 1800s. He was renowned for taking photos o...
Tuesday, May 19, 2015

No Does Not Mean No, When It Comes To Copyright Legal Fees

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In a case of first impression, the Ninth Circuit held today that attorneys' fees may be awarded to a prevailing copyright owner even tho...
Tuesday, May 5, 2015

California's Compelled Resale Royalty on Fine Art is Ruled Unconstitutional on Sales Outside of California

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The Ninth Circuit today ruled that California cannot reach outside of its borders to compel the reseller of fine art to pay 5% of the sales...
Monday, May 4, 2015

Loose (Customs) Lips Sink Ship(ment)s

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The import or export of goods through a U.S. port of entry is challenging enough for shippers, but the inability of Customs to preserve conf...
Thursday, April 30, 2015

De Novo Review of a Trademark Registration Rejection Imposes BIG Penalties

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The U.S. trademark office is an administrative agency and not a court. Yet it makes judicial decisions by accepting or rejecting a trademark...
Monday, April 27, 2015

More News on THE SLANTS

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The Federal Circuit today vacated its decision from last week and elected to have the full court conduct an en banc review. See my blog po...