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What Do to If Someone is Infringing on Your Intellectual Property Rights

What Do to If Someone is Infringing on Your Intellectual Property Rights: Trademark, Copyright, and Patent Infringement Intellectual property (IP) can be staggeringly valuable. Recently, the US-China trade war has escalated in part because of estimates that Chinese theft of US intellectual property costs between $225 and $600 billion annually, according to the U.S. Trade Representative. If you own intellectual property, you should be aware of how you can best protect that IP and what you can do to stop someone from infringing on your trademarks, copyright, or patents. Proper Registration The first and best line of defense against intellectual [...]

2020-08-07T17:18:35+00:00June 25th, 2019|

Responding to Digital Millennium Copyright Act (DMCA) Notices

Responding to Digital Millennium Copyright Act (DMCA) Notices The Digital Millennium Copyright Act, or DMCA, is an extraordinarily influential law that was passed in 1998 to protect the rights of copyright holders from internet-based infringement. The following article briefly examines one of the most commonly-used tools authorized by the DMCA—the service of DMCA takedown notices—and how you can respond to such notices if you are not infringing on someone’s copyright. Background on the DMCA The DMCA is a comprehensive copyright law designed to balance the rights of both internet service providers (including website owners who host user material on forums, [...]

2020-04-16T04:16:45+00:00June 25th, 2019|

Where Does the USPTO Draw the Line in Offensive and Scandalous Trademarks?

Offensive and scandalous trademarks have been a hot topic the past few years. In 2017, we had the landmark case, Matal v. Tam, where the Supreme Court of the United States (SCOTUS) affirmed the judgment of the Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting the registration of trademarks that “may disparage persons, institutions, beliefs, or national symbols” violated the First Amendment. In this case, Simon Tam applied for the trademark, THE SLANTS, which is the name for his rock band comprised of three (3) members all of Asian descent. However, the mark [...]

2020-04-16T04:19:29+00:00June 12th, 2019|