registration – IP In Brief

The Legal Landscape of NFTs in the U.S.

Reading Time: 12 minutesNFTs have attracted creators, investors and brands fueled by the outsized returns some have enjoyed. But NFTs are a trap for the unwary. Many buyers have no idea of the rights and restrictions associated with their NFTs; there is no federal regulation and much fraud. This post will guide those interested in NFTs through this opaque landscape, outline recent litigations,offer some trademark guidance and raise enforcement concerns. …Continue reading The Legal Landscape of NFTs in the U.S.

Determining Genuine Use of a CTM in the EU after ONEL

Reading Time: 4 minutes Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM in the…Continue reading Determining Genuine Use of a CTM in the EU after ONEL

Translating IP Translator For US Mark Holders Filing in Europe

Reading Time: 5 minutesI recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the…Continue reading Translating IP Translator For US Mark Holders Filing in Europe

Registering Your Mark In Europe? Consider These Three Alternatives

Reading Time: 5 minutesIf you are selling your trademarked goods or services in Europe, you may want to register your mark there. Your US trademark rights stop at our borders. But news of…Continue reading Registering Your Mark In Europe? Consider These Three Alternatives

Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version

Reading Time: 5 minutes Mastering Rubik’s Cube may be easier. Predicting the amount of statutory damages that will be awarded in copyright infringement litigation continues to confound attorneys on both sides of the…Continue reading Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version

Guidelines for Authors When Drafting Publishing Agreements and Protecting Their Intellectual Property From Infringement

Reading Time: 12 minutesAuthors: want some help in protecting your works? Here is the text of a talk I will give to the Cornell Entrepreneur Network on November 17 on how authors can…Continue reading Guidelines for Authors When Drafting Publishing Agreements and Protecting Their Intellectual Property From Infringement

Guest Blog Post: How to Combat Counterfeiting in China by Effectively Using Its Customs Recording System

Reading Time: 5 minutesIntroduction by Andrew Berger: I am pleased to share this guest blog post by Vivien Chan. She is the senior partner of Vivien Chan & Co., a Greater China law…Continue reading Guest Blog Post: How to Combat Counterfeiting in China by Effectively Using Its Customs Recording System

Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?

Reading Time: 4 minutes Lime Wire continues to educate regarding statutory damages. The latest novel issue it decided is whether a judgment for statutory damages against an individual infringer for copyright infringement of…Continue reading Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?

Arista Records v. Lime Wire Answers Some Novel Questions re Statutory Damages In Copyright Litigation

Reading Time: 7 minutes The Arista Records v. Lime Wire litigation in the Southern District of N.Y., headed for a jury trial in early May, is a statutory damages tutorial. Judge Kimba Wood …Continue reading Arista Records v. Lime Wire Answers Some Novel Questions re Statutory Damages In Copyright Litigation

Express v. Forever 21: How Much Creativity Does Copyright Require? “A Little Dab Will Do”

Reading Time: 4 minutesHow much creativity does copyright require? Thankfully for copyright creators, not much. A dash will do. But in the rare case when that dash is absent, the owner of the…Continue reading Express v. Forever 21: How Much Creativity Does Copyright Require? “A Little Dab Will Do”