How does a brand determine when it needs to defend its creations? Often, it is not worth pursuing every possible instance of infringement. We have seen numerous fair use cases of copyright infringement that actually help promote the original creator. Still, there has...
The first question many potential clients ask is, “How much will it cost to register my trademark?” Since there are many variables that come into play when registering a trademark, there is no set answer to this question. Here are a few issues that need to be...
As we have covered on this blog previously, one rule of thumb in intellectual property law is: “Just because you can does not mean you should.” This applies to copyright infringement in the commercial space, where the onus is on the copyright owner to decide whether...
A quick internet search of "concert phone video" proves not only that a significant number of people do, in fact, post these types of videos – but also that the act of recording of music concerts is a sort of cottage industry. Lots of people post tips on how to do it,...
Have you ever bought a secondhand luxury item on a website like Poshmark or The Real Real? These resale aggregators can create an attractive commercial staging ground for consumers who are looking to buy or sell higher-end clothing, bags, and jewelry. It is a thriving...
Music copyright lawsuits are interesting beasts. When an artist obtains a copyright for a particular piece of music, that copyright is intended to protect the specific composition present in the song. However, this can also apply to individual aspects of the musical...
This week, we will venture into a niche corner of intellectual property: real estate trademarks. Although the general perception of real estate agents may be that they are individuals acting in a solo commercial capacity, like a freelancer, the intellectual property...
Creators of two-dimensional art tend not to register their work for copyright protection. According to surveys by the Coalition of Visual Artists and the Graphic Artists Guild, somewhere between 50-60 percent of artists haven’t registered any of their work. For a...