Privacy rights, terms and conditions, and phishing email alert!
Last week we had an opportunity to participate on a Conference Organized by the International Trademark Association in New York titled “The Business of Data: Innovation, Regulation, Security, and Ethics”. We help our client’s e-commerce solutions by writing their terms and conditions and privacy policies. They are surprised to learn that in the […]
Can I protect the content generated by Artificial Intelligence, such as CHATGPT?
Before I answer the question an introductory note. I normally spend 2-3 hrs. a month researching, writing, and posting this blog. As you will learn below, I’ve could have written a quick blog with the answer to this question using CHATGPT in less than a minute. It’s better my blog or the AI-Generated answer? ????♂️ […]
Trademark Modernization Act: Expungement proceedings.
Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. Two ex parte proceedings to cancel unused registered trademarks: expungement and reexamination proceedings provide a faster, more efficient, and less expensive alternative to a contested inter partes cancellation proceeding at the Trademark Trial and Appeal Board (TTAB). These new […]
Think Globally, Brand Locally.
This month we saw the birth of a new magazine in Miami, Global Miami, a monthly print and digital publication. We are happy that our article “Think Globally, Brand Locally” was included in the inaugural issue of this important magazine. https://issuu.com/www.globalmiamimagazine.com/docs/globalmiami-novdecissuu/24 Related articles Navigating Copyright in a Digital Age Are You Really Using Your Trademark? […]
Music NFTs.
A NFT or a Non-Fungible Token is a digital asset that represents real-world objects like art, music, in-game items, and videos. NFTs exist on a blockchain, which is a distributed public ledger that records transactions and provides information as to what was sold, by whom and how much was paid. As opposed to Cryptocurrencies, which […]
Are you “required” to use the trademark ® or copyright © symbols or lose your rights?
Intellectual property owners, more often than not, find themselves scrambling through the internet to look for an explanation on the proper way to provide notice of their rights to the public at large. Intellectual property attorneys we found ourselves, frequently, scratching our heads when we see big companies with big marketing and legal departments using […]
Can a municipality register a trademark comprised of its own flag, coat of arms or other insignia?
Section 2(b) of the Trademark Act, 15 U.S.C. § 1052(b), prohibits registration on either the Principal or Supplemental Register of a mark that “[c]onsists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.” […]
Parody defense and the case of The Wrigley Co. versus Cannabis Distributor.
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. Common defenses to trademark infringement: fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the […]
Mickey Mouse copyright is expiring!
Copyright protection exist in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories (between others) pictorial, graphic, and sculptural works […]
METAVERSE, WEB3, AND THE NEW FRONTIER OF INTELLECTUAL PROPERTY.
Recently we had an opportunity of participating on the Seminar “METAVERSE, THE NEW FRONTIER OF INTELLECTUAL PROPERTY MYTH OR REALITY? Organized by the Inter-American Association of Intellectual Property in Costa Rica. During 3 intensive days of conferences, by experts in the filed, we learned about the challenges intellectual property owners are facing in this new […]