Intellectual Property Blog

Monthly Archives from May 2022

The Difference Between Soup Cans and Photos: Fair Use Copyright and the Andy Warhol Foundation

If you use a piece of another artist’s work in your own artwork, can you confidently proceed, knowing that the “fair use” defense under copyright law will save you from a lawsuit? In the current state of American IP law: No. Fair use came about as a way to respect a clause in the U.S. Constitution regarding the establishment of intellectual property laws “[to] promote the Progress of Science and the Useful Arts …” That […]

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Five Key Points you should know about the Long Awaited Premium Processing Options

After decades of asking, USCIS finally expanded its premium processing service to include additional immigration petitions and application types. Here are the key points that you need to know: 1 – The initial expansion will apply to these categories: Forms I-140, Immigrant Petition for Alien Workers, EB-1 multinational managers and executives and EB-2 national interest waiver category will be allowed to upgrade the case to premium processing. 2 – Opportunities are currently limited to petitions […]

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A Cautionary Tale of Trademark Clearance: Taco John’s and Taco Chon’s

If you are an aspiring small business owner – or in the process of becoming one – you might already have a dream name in mind. Perhaps it carries some sentimental connection to family, friends, or a long-treasured idea of yours. That is all fine and good, but, as you have probably learned, intellectual property lawyers must play the role of the wet blanket – who looks out for your best interests.  Even if your […]

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Quantifying the Financial Value of Intellectual Property Assets

What is the value of your company’s trademarks? What about the patents or copyrights you hold? Is the value of those intangible assets reflected anywhere on the company balance sheets?   Trademarks, patents, and copyrights are often used as collateral for loans that companies obtain from banks. Merger and acquisition (M&A) agreements, if done correctly, include inventories of IP assets (both registered and unregistered) because those intangible assets bring value to the sale of the business.  […]

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CASE Act Enforcement Moves Forward: New Rules to Know

After a thoughtful two-year preamble, the Copyright Claims Board (CCB), precipitating from the 2020 CASE Act, is beginning to take solid form. The final rules for its copyright infringement proceedings were released in late March, to take effect April 25, 2022.   Part of the lengthiness of this process was a comment period on proposed rules. I commend the U.S. Copyright Office for taking the time to receive and apply that feedback. Since the intention of […]

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