Understanding Likelihood of Confusion in Trademarks: “Who Would Be Confused?”
Crystal Broughan, Intellectual Property Attorney Nov 18, 2021 in Intellectual Property
Monthly Archives from November 2021
The phrase “likelihood of confusion” is commonly used by examining attorneys at the USPTO to refuse a trademark application. It is also a phrase I often use when advising clients who are in the process of selecting a trademark for their new business or product line. Here is a common example of what I encounter. Client starts a new business. They don’t register any of the trademarks for their business. Another company (we will call […]
Continue ReadingFair Use: Copyright Issues at the Heart of “Bad Art Friend”
Crystal Broughan, Intellectual Property Attorney Nov 11, 2021 in Copyrights
If you follow national literary circles – or Twitter – you may have heard of the back-and-forth between writers Dawn Dorland and Sonya Larson. Dorland wrote a personal message on Facebook; Larson incorporated it as a letter into a short story, The Kindest. We will not go into all the conflict’s details, which were summarily revealed in Robert Kolker’s New York Times article, “Who Is the Bad Art Friend?”. Dorland pushed against Larson’s use of […]
Continue ReadingThe Overlap Between Copyrights and Trademarks
Crystal Broughan, Intellectual Property Attorney Nov 5, 2021 in Intellectual Property
Is your trademark a work of art? Original and independently created? Your trademarks may be eligible for copyright registration in addition to trademark registration. Why would you obtain both copyright and trademark registrations? Broader protection. A work of art is copyright-protected from the moment it becomes a tangible form – if it is original, independently created by the author, and possesses sufficient creative authorship. Copyright protection lasts for the life of the author plus 70 […]
Continue ReadingMarks Gray Recognized By U.S. News – Best Lawyers® “Best Law Firms” 2022 Publication
Marks Gray P.A. Nov 4, 2021 in Announcement
Marks Gray is proud to announce that the firm has once again been named to U.S. News – Best Lawyers® “Best Law Firms,” for the 2022 edition. For more than a decade, Best Law Firms has recognized law firms across the US and throughout the world for their work in 75 different practice areas. In order to be eligible, at least one attorney from the firm must have been recognized by Best Lawyers. Inclusion one year does not […]
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