Stacy J Grossman The Digital Millennium Copyright Act (DMCA) Safe Harbor shields certain service providers from liability for copyright infringement committed by third-party users of their services. For example, social media and newspaper sites are generally not liable for copyright infringement by their millions of users. The DMCA notice-and-takedown system allows copyright holders to send notices to service … Read more
In October, the Trademark Office issued amendments to the rules of practice before the Trademark Trial and Appeal Board (TTAB). The TTAB oversees, among other things, trademark opposition and cancellation proceedings. The new rules, set forth in a Notice of Final Rulemaking, are intended to provide for more efficiency and clarity, move the TTAB toward a … Read more
The Trademark Office database is more than a helpful record of brands and businesses. It is also a real-time reflection of cultural and political waves sweeping through America, since would-be entrepreneurs routinely apply to register trademarks in an effort to cash in on fads, memes, jokes, and current events. Donald Trump has dominated the news … Read more
On June 23rd, voters in the UK indicated their support of an exit from the European Union. This event has come to be known as “BREXIT” – a coined term referring to the possible British Exit. The day after the referendum, I predicted that someone would apply to register BREXIT for t-shirts. I was right. On June … Read more
The United Kingdom European Union membership referendum took place on June 23, 2016, resulting in a vote for the United Kingdom to leave the European Union. The referendum will have far reaching impact, including on trademark rights. Many businesses with interests in the UK own European Trademarks (EUTMs, formerly called Community Trade Marks or CTMs). … Read more
Textile designs are generally copyrightable, but dress designs (the shape, cut and style of garments) are not. A textile design is viewed as a work of art, whereas the shape of an article of clothing is considered too intertwined with the utilitarian function of the garment to be copyrightable. Somewhere in between textile designs and … Read more
I’m frequently asked whether it’s ok to copy a picture found on the Internet, and use it on a website, or in a newsletter. My answer is always the same: “not unless you have permission.” The reason is this: making an unauthorized copy of someone else’s work is copyright infringement, and can subject you to substantial damages – … Read more
Kylie Minogue, the Australian singer, songwriter and actress, has been in the entertainment business for decades, and owns a family of trademark registrations for her name. Kylie Jenner, the American reality tv star, recently filed an application to register her name as a trademark. On February 22nd, Minogue commenced a legal proceeding in the United States Trademark Office … Read more
Last night, as I was walking home from work, I noticed that a Lowe’s home improvement store (http://www.lowes.com/) had opened on the northeast corner of 68th and Broadway, directly across from the Loews movie theater (https://www.amctheatres.com/movie-theatres/new-york-city/amc-loews-lincoln-square-13), which occupies the southeast corner. There are two large signs, one for LOWE’S and the other for LOEWS, no … Read more
In light of changes to U.S. sanctions and export policy in Cuba, businesses should now consider brand protection in that country. Being first to file in Cuba will help to deter third parties from infringing your brand. And starting the process now will give you an advantage. The Cuban trademark clearance and application process is slow, … Read more
