Intellectual Property Blog

Tips for Business Owners: Get All Agreements in Writing

As a business owner, you should ensure that all agreements are in writing. This is important not just for issues relating to intellectual property but for all aspects of your business. Here are a few reasons why. It eliminates incorrect assumptions. Imagine you start a t-shirt business with a colleague. He creates the designs, and you handle operating and marketing. After a year, one particular shirt design has become so popular that a major clothing […]

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Preventing Counterfeit Trademarks – Part 6: Prevent Creation

Certain goods containing trademarks are easier than others to counterfeit. Some of that is due to the nature of the goods themselves, but it also has to do with the manufacturing, packaging, shipping, and handling processes. By putting into effect certain preventative measures, you can make it too difficult for counterfeiters to bother with your products. Additionally, it can make it easier for consumers and enforcement agencies to spot counterfeit products if they are made, […]

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Preventing Counterfeit Trademarks – Part 5: Fight Internet Sales

The internet makes it easier than ever for counterfeiters to promote their wares around the world. They don’t have to operate a brick-and-mortar storefront or even appear anywhere physically. Instead, they can hide behind the anonymity that the net provides. Fortunately for trademark owners, the internet can also be a powerful tool in fighting counterfeit trademarks, and many of the remedies it provides can be used in conjunction with and even support civil litigation or […]

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Accused of Trademark Infringement: Do You Have Insurance?

As more businesses use the internet to advertise their goods and services, more business owners are discovering copyright and trademark infringement issues that impact their businesses.  People duplicate photos, logos, portions of books, manuals, and websites that they find on the Internet – but they don’t obtain permission from the original owner of the copyrighted work or trademark. Since business owners are increasingly beginning to understand the value of protecting their trademarks and obtaining copyright […]

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It Looks Like a Duck, It Quacks Like a Duck, But It… Might Not Be a Duck?

Crystal Broughan is grateful that E. Paul Cuffe, our summer guest blogger and a summer law clerk at Marks Gray, P.A., co-authored this article.  Many are familiar with the duck test. It’s a popular reasoning exercise where habitual characteristics are used to identify unknown subjects: if it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck. Unfortunately, this test may not prove helpful when applying […]

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WHOIS Using Your Website Content in Bad Faith? It’s Now Harder to Find Out

Crystal Broughan is grateful that E. Paul Cuffe, a summer law clerk at Marks Gray, P.A., co-authored this article.  You may have heard of the European Union General Data Protection Regulation (GDPR), and for good reason. The regulation, effective May 25, 2018, applies to European Union (EU) members as well as any company that markets goods or services to EU residents, regardless of location. On its face, the regulation’s purpose is understandable – many internet […]

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