Two major court cases in 2017 asked the question: can the government prohibit the registration of trademarks that may be considered defamatory or offensive? In 1905, The Trademark Act forbid the registration of scandalous and immoral trademarks. Then, in 1946, section 2(a) of the Lanham Act went further, prohibiting the federal registration of marks that were immoral, scandalous, or disparaging. But while these limitations may be the law, were they constitutional? Many believed that this […]Continue Reading
Can I Use This Downloaded Image on My Blog Post?
Many people incorrectly assume that they have the right to use any image that they can find on the internet. For example, they may have done a quick Google image search to find a photo to accompany a blog post. However, those images are still covered by copyright. Even though you can easily download them from the internet, you must secure permission to lawfully use them. It is not enough to simply list the source […]Continue Reading
Grumpy Cat Elated to Win $700k Lawsuit (But You Wouldn’t Know It)
You may know the internet celebrity Tardar Sauce by her more popular name, Grumpy Cat. She has been the subject of numerous memes. One of the most famous reads, “I had fun once. It was awful.” But you may not be aware that her owner, Tabatha Bundesen, formed the company Grumpy Cat Limited to capitalize on the cat’s permanently grumpy expression. Since then, Grumpy Cat has made numerous TV appearances, including Today, Good Morning America, […]Continue Reading
Broughan Helps Coordinate Reception for Justice Stephen Breyer
Marks Gray attorney Crystal T. Broughan attended the Chester Bedell Inns of Court/ABOTA cocktail reception for the Fireside chat with Justice Stephen Breyer on January 22, 2018 at University of North Florida. Here is a photo of the group of hardworking people who coordinated the reception.Continue Reading
Broughan Presents at FSU’s JMI for Global Entrepreneurial Studies
On January 30, 2018, Crystal Broughan gave a presentation titled “Intellectual Property 101” to a class of non-profit executives at Jim Moran Institute for Global Entrepreneurial Studies in Jacksonville. The Jim Moran Institute at the FSU College of Business aims to “cultivate, train, and inspire entrepreneurial leaders through world-class executive education, applied training, public recognition and leading-edge research.” The institute offers programs, expert speakers series, and an annual leadership conference for small business owners and […]Continue Reading
Can I Copy Just a Little Bit of This Copyright Protected Work?
It’s true that courts can dismiss infringement cases where the alleged use is considered de minimis, which means it was so insignificant that the court would not decide on the case. However, don’t let this trick you into believing you can copy a little bit of a copyright protected work and get away with it. There is no magic amount of content or number of words that you can copy lawfully. The use of just […]Continue Reading