In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content,...more
As discussed in my previous article, recent guidance from the Copyright Office and subsequent judicial opinions supporting the Office’s position have made it clear that purely AI-generated works are not protectable by...more
As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents...more
Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the...more
Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more
6/18/2021
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
DMCA ,
Intellectual Property Protection ,
Internet ,
Internet Service Providers (ISPs) ,
Photographs ,
Public Domain ,
Social Media ,
Takedown Notices ,
Website Owner Liability ,
Websites
If you want to use photographs, graphics, or other content without paying a fee or by paying a one-time fee rather than an ongoing royalty, it is important that you understand the law to avoid subjecting yourself or your...more
If you want to use content that you did not create, it is helpful to know whether that content is copyright-protected or whether you can use it without permission. Whether the content is text, drawings, graphics, photographs,...more
If someone has copied or reproduced your book, article, blog, artwork, photograph or other copyright-protected works without your permission, you have several options. Before using any of these options, be sure that you...more
Copyrights are a bundle of legal rights belonging to the owner of an original work of authorship. Federal statutes provide that copyright protection subsists in “original works of authorship” that are fixed in any tangible...more
A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more
9/17/2019
/ Cease and Desist Orders ,
Confusingly Similar ,
Corporate Branding ,
Counterfeiting ,
Cybersquatting ,
Dispute Resolution ,
Domain Names ,
Enhanced Damages ,
Exclusivity ,
Goodwill ,
gTLD ,
Imports ,
Intellectual Property Protection ,
Lanham Act ,
Madrid Protocol ,
Online Platforms ,
Popular ,
Trademark Clearinghouse ,
Trademark Infringement ,
Trademark Registration ,
Trademark Symbols ,
Trademarks ,
UDRP ,
Use in Commerce ,
USPTO
Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more
5/15/2018
/ Attorney's Fees ,
Cease and Desist ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Ownership ,
Copyright Registration ,
Customs and Border Protection ,
Derivative Works ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Product Exclusivity ,
Statutory Damages ,
Valuation
Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...more
2/9/2018
/ Approval Requirements ,
Breach of Contract ,
Contract Terms ,
Copyright ,
Copyright Infringement ,
Damages ,
Intellectual Property Protection ,
IP License ,
Jury Trial ,
Trademark Infringement ,
Trademarks
All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more
12/15/2016
/ Cease and Desist ,
Celebrities ,
Fair Use ,
Goods or Services ,
Intellectual Property Protection ,
IP License ,
Name and Likeness ,
Personal Brands ,
Popular ,
Right of Publicity ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
USPTO