Category: Intellectual Property
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Rivals at loggerheads over a coveted trademark
Last updated on September 30, 2024If you’re a fan of popular cultural in its various guises, and especially of comic books and science fiction as portrayed in novels and on the big screen, you’ve likely heard the term “comic con.” And, more than likely, that reference relates specifically to San Diego Comic-Con, an organization started in 1970 to celebrate comics…
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Unsurprising that U.S. Olympic Committee bristles over infringement
Last updated on September 20, 2024If you’re reading this blog entry of the Southern California business law firm of Larson & Gaston on its posting date or thereabouts, there’s a fair chance you might be splitting your attention between its subject matter and what’s currently going on at the Olympic Games in Brazil. Because it’s that time, of course, with…
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With artists and their work, ownership is not always clear
Last updated on September 20, 2024Although some media reports of a presently circulating story regarding well-known entertainer Stephen Colbert are expressing a fair bit of surprise regarding its details, the tale actually focuses on well-worn subject matter in the entertainment industry. And that is this: considerations surrounding ownership of creative material that is publicly used. Industry principals fight about that, and for…
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Startup considerations: IP strategy an important focus
Last updated on September 19, 2024If you’re lucky enough to be part of a smart team of ambitious and enterprising California entrepreneurs, there’s probably a lot on your plate at the startup you’re either envisioning or actively developing. Things are probably in a swirl, with product ideas and lines emerging with clarity and progressive refinement. A company “face” might also…
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What’s in a “P?” Plenty, says a protective PayPal.
Last updated on August 30, 2024The time-honored and oft-litigated standard relevant in adjudging trademark lawsuits focuses squarely on confusion. That is, courts are routinely asked to consider whether an alleged infringing use of a protected mark is sufficiently similar in look and feel to reasonably promote confusion in a consumer as to the source of the mark. Put another way,…
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Does the use of your copyrighted creation fall under fair use?
Last updated on July 18, 2024Your original creative works or works that you commissioned or purchased for your business are your private property. You have copyright protection when you publish those original creations or when you register them with the United States Copyright Office. Generally, you will then have control over how other people use your creation. If you discover…
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What to do if you’re accused of copyright infringement
Last updated on May 13, 2024These days, everybody who has a business has a website, whether they’re big-name companies, emerging entrepreneurial stars, small mom-and-pop businesses or independent contractors. It’s all too easy, however, to make a mistake and violate someone’s intellectual property rights. Whatever the cause, you’ve now been served with a Digital Millennium Copyright Act (DMCA) notice that’s accusing you of…
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Why would the USPTO deny a trademark?
Last updated on May 9, 2024Operating a business successfully today requires a different approach than it did in past eras. While business intellectual property has existed for a long time, it encompasses much more these days than trademarks or copyrighted works. Branding has become a kind of umbrella term for many types of intellectual property that define and add value…
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Why you could find yourself accused of trademark dilution
Last updated on May 9, 2024Many trademark infringement cases don’t involve outright theft of a trademark. Responsible companies don’t try anything that obvious. A more common scenario involves a type of infringement known as “dilution.” Often, those who end up as defendants in these cases had no intention of infringing on another company’s trademark. However, companies that are protective of…
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Protecting your company logo
Last updated on May 9, 2024The services that your company provides are key to its success. Pricing, quality and timely delivery can all boost your reputation significantly. You’ve also got to think about marketing and branding too. One of the more recognizable aspects of any successful company is its logo. You’ve had your new logo designed, you’re happy with it,…
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How can you protect your trade secrets?
Last updated on April 30, 2024You’ve been developing a business strategy for years now and it has recently come to fruition. The foundation of your business is founded upon your unique methods, designs and processes. In other words, your trade secrets are the key to the success of your company. The corporate world is highly protected and you’re worried about…
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Can your company slogan be protected?
Last updated on April 19, 2024The corporate world is competitive and your business is always looking for ways to get ahead and stay ahead. You have fair prices, quality goods and services and an honest reputation. This makes you a favorite among people within your community. Nonetheless, you are always looking to expand and you and your team have recently…
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How to protect your brand from “brandalism”
Last updated on April 19, 2024Brandalism is a term used to describe the intentional defacement or alteration of a brand’s logo, tagline or other visual identity elements. This can be done in many ways, such as graffiti, unauthorized use of a brand’s logo or parody ads that mock or satirize a company’s marketing campaigns. Brandalism can damage a brand’s reputation,…
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Why being proactive about trademarks can make or break a company
Last updated on April 15, 2024Being proactive about trademark protection can have a significant impact on the success and longevity of a company. Trademarks are vital assets that distinguish a business from its competitors and build brand recognition among consumers. There are, ultimately, several reasons why being proactive about trademark protection can make or break a company. As a result, business owners…
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What do business owners need to know about AI’s effect on IP?
Last updated on April 12, 2024As a business owner, it’s crucial to protect your intellectual property (IP). You must also ensure you do not infringe on anyone else’s IP rights, as doing so could prove expensive. The development of artificial intelligence (AI) systems has made this even more challenging. Here’s why: AI learns from existing information AI doesn’t just pluck things out…
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How to protect your trade secrets
Last updated on April 12, 2024To stand out from the competition, your business needs to be unique. This is where intellectual property comes in. Trade secrets are an important part of intellectual property. They relate to unique methods, practices, designs and processes. If your trade secrets fall into the wrong hands, then years of hard work can be undone. The…
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When can one company enforce trademark rights against another?
Last updated on April 10, 2024A business’s brand can draw consumers in or potentially alienate them. Organizations often invest huge amounts of money to develop a brand and market to consumers. A company’s logo or trademarked image can play an important role in setting it apart from the competition. Unfortunately, simply registering a trademark does not automatically protect a business…