A short article I wrote summarizing the Costco v. Omega case was published in the Minnesota Intellectual Property Law Association’s New Matter™ Newsletter. The case is about the “first sale” doctrine in copyright law and specifically, whether goods manufactured and sold abroad can be imported into the United States without the permission of the copyrightRead more about Summary of Costco v. Omega in MIPLA Newsletter[…]
A group called the U.S. Copyright Group (USCG) has filed a lawsuit against thousands of as yet unknown people who may (or may not) have downloaded or uploaded movies on file sharing networks. The strategy, which has been employed by others in the past, is to file or threaten to file a lawsuit and thenRead more about Why I Volunteered for the EFF[…]
One of the several reasons your trademark might be refused registration by the USPTO is that your proposed mark is scandalous or immoral. Without too much further explanation you might guess that a certain word starting with “F” and rhyming with “duck” might be problematic as a trademark. You would be right. Trademarks can beRead more about F-bomb Trademarks[…]
The fictional high school chorus at the center of Fox’s Glee has a huge problem — nearly a million dollars in potential legal liability. For a show that regularly tackles thorny issues like teen pregnancy and alcohol abuse, it’s surprising that a million dollars worth of lawbreaking would go unmentioned. But it does, and weekRead more about But. . . they did it on TV: What Glee teaches about copyright[…]
The Twitter account @BPGlobalPR has more followers than the real BP Twitter account. Yes its fake and they use the BP name and logo. The tweets are both biting and funny, at least to people who don’t work at BP. But is it trademark infringement? If trademark law exists primarily prevent confusion in the marketplaceRead more about Trademarks and Oil Spills[…]
There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. LetRead more about Lincoln on Lawyers and Honesty[…]
I had the pleasure of talking to Harold Slawik of New Counsel about choice of entity, funding and securities law issues for startups. Check out the article and podcast at TechdotMN.
The art of giving your product or service a name is challenging. Making sure that name can also be protected as a trademark can make things more difficult. But there are a few things you can consider as guides when choosing a name. What you can’t use as a trademark: – Offensive or disparaging words.Read more about Choosing a Strong Trademark[…]
May 1st is Law Day which was first recognized by President Eisenhower to observe that we are a nation that has a government of laws. While there are plenty of problems with the legal system in the United States, we often forget how essential rule of law is and how much we rely upon it.
Although not conclusively proven, it has been asserted that lawyers have feelings too. So don’t forget to celebrate “Be Kind To Lawyers Day.” If you’re not sure how to celebrate such a holiday, here are some suggestions.