Intellectual Property Blog

Do Not Ignore Cease and Desist Letters

Imagine this scenario: You receive a cease and desist letter from a law firm. It says you are committing trademark infringement and/or copyright infringement. What do you do? Let’s take this step by step: 1. Do. Not. Ignore. It. The circular file is not the appropriate place for the letter. If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright […]

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eBay’s Bid to Crack Down on Counterfeits Could Impact IP Protection

There are a lot of counterfeit products on digital marketplaces like Amazon and eBay. The most common category of “knockoff” products? Apparel. The second most common category? Footwear. Amazon does not require third-party sellers to verify the authenticity of sneakers. Largely because of the failure to verify authenticity, both Birkenstock (in 2016) and Nike (in 2019) have stopped offering their products on the marketplace giant. Perhaps looking to avoid a similar fate, eBay recently announced […]

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A Copyright Infringement Case that Rose from the Dead 

In honor of Halloween, this week I thought I would (if you will forgive the pun) resurrect a case from 2008: that of Dawn of the Dead vs. Dead Rising.  Video game or horror movie aficionados may remember that this one was a pretty big deal when it occurred. But for those who are not in the know, here is a recap. Dawn of the Dead is a 1978 film by George Romero that is […]

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Beware of This New USPTO and Trademark Email Scam

The United States Patent and Trademark Office (USPTO) issued an alert in September 2020 regarding a new email scam.  Email messages are showing up in trademark owners’ inboxes that appear to be from USPTO but are actually from third parties. Be aware that any correspondence appearing to be from this government agency may be fraudulent and pay careful attention.  Learn why this digital scam may be surfacing now, key indicators that the email you received […]

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Therapist Aid: Helping Mental Health Professionals Improve Their Craft

Each month I have been featuring a small business in Jacksonville and how that business has transitioned during the pandemic in order to survive. This month, I am featuring Therapist Aid. It was created by Woody Schuldt, a licensed mental health counselor.  Therapist Aid is dedicated to helping mental health professionals improve their craft by providing free evidence-based education and therapy tools. The organization creates resources with clients in mind — which means avoiding jargon […]

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