Barbara's IP News and Other Musings
Barbara's IP News and Other Musings
The Power Of Logos and Color
In a recent blog, Larry Bodine, a web and marketing guru, offers great advice to business owners when choosing the “look” of their logo/trademark. He provides information as to how some large companies came to adopt their famous marks, their investment...
The IP Issues Faced by Fonts/Typefaces
Source: The IP Issues Faced by Fonts/Typefaces This is a most informative article about a subject that few focus on, yet has big ramifications. Who really does think about the font style that they use on their website and other media? Well as Evan...
Why Are The San Diego Chargers Taking Pre-emptive Action To Protect Their Rights In Future Trademarks?
The football world is abuzz with the possible relocation of the San Diego Chargers to Los Angeles. Background for Team Move. While the outcome of where the Chargers end up is of short term interest, the more interesting question business owners should ask...
Who Owns The Copyright In Film?
Because many creative people participate in the making of an artistic, documentary or commercial film, in order to exploit the film efficiently, it is critical to pinpoint who owns the copyright in the finished work as well as in the raw footage. Congress recognized...
Can You Learn Anything from Monster Energy’s Run-In with the Beastie Boys?
The dispute that led to the legal battle between the Beastie Boys band and Monster Energy Company (“Monster”), involved Monster’s use without permission of songs by the Beastie Boys and verbal references to the band and a member, Adam Yauch, in a promotional video....
What Do Justin Bieber, Usher Raymond, Robin Thicke, Pharrell Williams and Sam Smith Have in Common?
Justin Bieber, Usher Raymond, Robin Thicke, Pharrell Williams and Sam Smith have all recently been challenged by claims of copyright infringement based on allegations that they incorporated other people’s music into their recordings. If celebrities can be found liable...
Protection of Privacy & Intellectual Property Remain Major Concerns for App Developers & Owners
If you are a business owner intending to offer a mobile application (“app”) to customers, clients or members, in addition to being clear about who owns what from an intellectual property point of view as to the app’s content and the data it generates, be sure that its...
Rights Of Publicity Trump Commercial Speech In Jordan VS Jewel Food Store Case
In earlier blogs, I raised the alarm about improperly using a famous personality in the advertising of a business. If you need a clearer example of how even a large urban supermarket chain can stir up a hornet’s nest when they try to coast on the...
What It Takes To Protect A Certification Mark? (Part 2)
This blog follows on my earlier examination of why a certification mark could improve the bottom line for both for-profit and not-for-profit organizations. If you think that setting up a certification program is in your future, or you already have one in place, here...
Certification Marks Useful To Trade Associations, Charities And For-Profits (Part 1)
One good method for a trade association, charitable organization or for-profit entity to expand its mission while simultaneously generating additional revenues is to establish a certification program. The entity wishing to set up a certification program (the...
Rights Of Publicity Remain Strong Even After You Are Dead
A recent opinion by the Ninth Circuit Court of Appeals concerning a dispute over the use of trademarks associated with Jimi Hendrix, even though deceased, should remind those thinking of using the images, likenesses or names of celebrities, whether alive or dead, to...
Online Sales Retailers Collecting Sales Tax: Becoming A Reality
On Cyber-Monday (December 2, 2013), the Supreme Court declined to hear an appeal brought by Amazon objecting to being required to collect sales tax charged by New York State for certain online retail sales. Previously I looked at the issue of what it means to sell...