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Trademarks provide intellectual property protection for the business or individual that holds the trademark. There are rules that guide what can and cannot get these protections and the protections only work when the holder decides to exercise their rights. Sometimes,...
The Kessler doctrine is an important part of patent litigation that has been around for more than a century. It provides a “limited trade right” that attaches to a product. A recent case questioning the application of this doctrine made its way to the Supreme Court,...
A cease-and-desist letter has no actual legal standing but is a cautionary document outlining alleged wrongful behavior and demanding that it stop. Cease-and-desist letters are not always precursors to filing lawsuits but are typically attempts to avoid costly...
Copyright protections allow the authors of original works of art to hold those who attempt to steal these creations accountable within our legal system. If successful, the person who alleges copyright infringement can get monetary awards to help make up for the funds...
Can someone else use your original composition without your permission? This is a question getting global attention after the music group Heavy Young Heathens accused skating pair Alexa Knierim and Brandon Frazier of using their song during the Olympics without first...
Trademark protections provide the trademark owner the ability to fight back if another business or individual tries to use their trademark for profit. This is true whether that business is a small, mom-and-pop type shop or a massive corporation. In a recent example, a...
The Supreme Court of the United States recently agreed to hear a case that will help answer this question. The case involves a fabric designer who created and copyrighted a geometric pattern. The designer, Unicolors, Inc., states that popular retail store H&M...
A cease and desist letter is often the first step when another individual or business believes that you are infringing on their intellectual property protections, such as a trademark. Although these letters generally carry no legal weight on their own, they can be a...
The marketing ploy was enough to grab anyone’s attention. Lil Nas X teamed up with MSCHF to create a pair of sneakers that contained a drop of human blood. The sneakers, dubbed Satan Shoes, are based off of Nike’s Air Max 97s. The problem: Nike claims Lil Nas X and...
Depending on the type of intellectual property (IP) copyright, trademark or patents may help offer protection. The following 3 steps can help most businesses take the first steps towards protecting their IP. Step #1: Figure out the right type of protection and...