Intellectual Property Blog

Court Rules Inaccuracies in a Copyright Application Invalidates the Registration

When it comes to the law, details matter. You need to ensure the accuracy of all information you provide when registering a trademark or filing for copyright. Otherwise, you could find the legal protection of your mark or creative work invalidated due to a technicality. That is what happened to Gold Value International Textile, Inc.’s copyright registration. Here are the facts of this case. Was “1461 Design” Published or Unpublished at the Time of Application? […]

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Four IP Tips For Expanding Your Business Globally

Are you ready to take your business to international markets?  This is exciting, but it can also feel daunting. Introducing your business to markets in other countries opens the door for many potential problems — including intellectual property theft. Trademark and copyright registrations can protect your business trademarks and original works, but only if you maintain them properly and are willing to actively enforce your intellectual property rights. Use these tips to expand your business […]

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New Rule for Foreign Trademark Applicants and Registrants Begins on August 3rd

Quick reminder: the new rule regarding representation for foreign trademark applications and registrations goes into effect on August 3rd, 2019. Recently, I shared the news that all applicants, registrants, and other parties residing outside of the United States are now required to retain a U.S.-licensed attorney for certain activities.  This includes both filing any application through the United States Patent Trademark Offices (USPTO) and accessing the Trademark Trial and Appeal Board (TTAB).  An Effort to […]

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The Relationship between Your Business’s Trademarks and Your Website’s Domain Name

We live in a digital age. Your website helps you connect with customers and distribute products in ways that we could have never imagined just a few decades ago. Because of this, protecting your website is just as important as protecting your business’s name.  But how exactly does your website play into intellectual property laws?  Your trademarks and domain name (the address that customers use to reach your website) are two separate entities. However, you […]

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Copyright Fair Use: Distinction between Parody and Satire

Written by Guest Author, Marks Gray Associate Logan McEwen     In the United States, a copyright-protected work can be utilized without authorization of the copyright owner if it is a “fair use” of the copyright-protected work.  Fair uses of copyright-protected works generally fall into two categories: (i) commentary and criticism, or (ii) parody. The fair use exceptions balance between promoting the creation of art through copyright protection and not inhibiting freedom of speech.  Parody Parodies […]

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Supreme Court Rules Brunetti Has Right to Register Scandalous Trademark

We have been following the story of the trademark application for FUCT that was originally filed with the USPTO in May 2011, in Class 25 for clothing, all the way to the US Supreme Court.  Erik Brunetti, the owner of the trademark FUCT, challenged the constitutionality of the scandalous clause in the Lanham Act which was used by the USPTO to deny the registration of his trademark.  On June 24, the Supreme Court finally made […]

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