Trademarks and the Metaverse.
The Metaverse; is a video game, is a virtual world, or something else? Basic definitions of the metaverse indicate that “A metaverse is a network of 3D virtual worlds focused on social connection”. The Metaverse does exist in the virtual world on platforms such as Sandbox, Decentraland, Roblox, and Fortnite. Infringement of Intellectual Property in […]
World Intellectual Property Day
Today, the world celebrates World Intellectual Property Day, a day to applaud entrepreneurs who use their energy, ingenuity, curiosity, and creativity to steer a course towards a better future. Today, we celebrate our clients, who day by day use their energy, ingenuity, curiosity, and creativity to create value for their businesses. Thank you for the […]
Can I use and register an old and abandoned trademark?
It depends! That a trademark registration shows on the Trademark Office databases as “DEAD” do not necessarily mean that they are abandoned or not in use. Under Section 45 of the Act, 15 U.S.C. § 1127, a mark is considered abandoned when “its use has been discontinued with intent not to resume such use,” and […]
Policing your trademarks: Letter of Protest.
Besides registering and using their brands, trademark owners are required to enforce the rights granted under the law. Policing your brand means to monitoring the Trademark Registry and the market for identical or confusingly similar marks. Failure to enforce your trademark rights could mean losing those rights. In the case of monitoring the Trademark Registry […]
Protecting CBD trademarks.
The 2018 Farm Bill, signed into law on December 20, 2018, amended the Agricultural Marketing Act of 1946 (AMA) and changed certain federal authorities relating to the production and marketing of “hemp,”. “These changes include removing “hemp” from the CSA’s definition of marijuana, which means that cannabis plants and derivatives such as CBD that contain […]
Someone has prior use of our mark, what can I do?
In the United States trademark law is based on the common law first to use in commerce theory. “Common law” trademark rights are acquired automatically when a business uses a mark in commerce and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection […]
Can I Protect Fashion Designs?
Most likely no. “Fashion design is the art of applying design, aesthetics, clothing construction and natural beauty to clothing and its accessories”.“Copyright protection for the designs of useful articles is extremely limited. The design of a useful article is protected under copyright “only if, and only to the extent that, such design incorporates pictorial, graphic, […]
Can I use photos I found on Google?
No, a resounding no! That the photo is on Google doesn’t mean you can freely use it. In the case of photographs, the owner of the “photo” is generally the photographer (a human) or, in certain situations, the photographer’s employer. Under 17 U.S. Code § 106 the owner of has the exclusive rights to do […]
Can NFT’s be protected?
The underlying work that an NFT represents, yes, the NFT by itself, no. A Non-Fungible Token or NFT 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, […]
Are influencers liable for trademark infringement?
Yes, they can be liable for trademark infringement. An “influencer” a “new” form of social media marketing, in my time we called them “paid spokespersons”, is someone with a lot of followers on social media who endorses or promotes products or services by encouraging followers to buy the brands they promote. By wearing a product […]