Trademarks – Use Them (Properly) or Lose Them

To acquire and maintain trademark rights, it comes down to use of the mark. If the mark is no longer used, no longer used in association with all of the goods/services identified in registration for the mark, or if the mark is used incorrectly, rights in the mark will be lost. Therefore, it is crucial …

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Supreme Court Rules Works Must Be Registered Before Copyright Owners May Sue

On March 4, 2019, the Supreme Court unanimously held in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al., that the statute requiring copyright owners to register their works before suing means that no suit for infringement can be brought until the Copyright Office officially approves the copyright claimant’s application for registration (or officially …

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Stan Chalvire Comments on Long-Standing Trademark Question Before the Supreme Court in Mass Lawyers Weekly Article

In the Massachusetts Lawyers Weekly article Long-standing trademark question before Supreme Court, intellectual property attorney Stan Chalvire commented on the issue of what becomes of a licensee’s right to use a trademark when the licensor rejects the license as part of the bankruptcy process. The International Trademark Association refers to the issue as "the most significant …

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Amanda Schreyer Speaking at Influencer/ Creative Entrepreneur Conference Alt Oasis

Media and intellectual property attorney Amanda Schreyer will be speaking at the Alt Oasis Conference being held March 24-29 in Palm Springs. Alt Oasis is a week-long conference for social media influencers and entrepreneurs in creative fields. Amanda will be speaking on legal matters for creative entrepreneurs including negotiating with brands, FTC endorsement disclosure guidelines, …

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Federal Registration of Trademarks to Protect Intellectual Property

Unlike with patents, there are common law legal protections with trademarks whether or not a mark is registered with the Trademark Office. In the United States, common law trademark rights automatically take effect upon actual use of the trademark in association with particular goods or services in commerce. As such, the question often arises, “why …

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Informational Perhaps, But Not a Trademark!

One area of trademark law that continuously puzzles people is the tension between having a word or phrase associated with a product or service that is “informational” in that it immediately conveys to the consumer exactly what the product or service is, verses a word or phrase that may be more suggestive, arbitrary, or fanciful. …

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Amanda Schreyer Quoted in Article about the Child Influencer Industry

The Fast Company article The 2-Year-Old Instagram Influencers Who Make More Than You discusses the lucrative world of child influencers and influencer marketing. Intellectual property attorney Amanda Schreyer, who specializes in influencer marketing, comments on the legal considerations of the industry. She notes that the industry is still a gray area, and therefore child labor …

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Howard Zaharoff Quoted in New Authors Alliance Guide: Understanding and Negotiating Book Publication Contracts

Intellectual property attorney Howard Zaharoff was interviewed for the new Authors Alliance guide, Understanding and Negotiating Book Publication Contracts. As publication contracts can contain complex contract language and copyright law, the guide aims to assist authors in reviewing these contracts by identifying clauses that frequently appear in contracts, explaining what the terms mean, and presenting strategies …

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Creating a Strong Trademark: Key Considerations

A trademark is a word, phrase, symbol, or design that is used in conjunction with, and to identify the source of, goods or services in the marketplace (e.g., brand names and logos). A service mark is a form of trademark that applies to services instead of physical products. Most people are more familiar with the …

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Amanda Schreyer Speaking on MCLE Program: Doing Business Online

Intellectual property attorney Amanda Schreyer will be speaking on the MCLE program Doing Business Online: Anticipating and handling the evolving and unique challenges in the internet age on October 18 at 2pm. The program will analyze the risks and opportunities deriving from an online business presence, including both the protection and risk relating to intellectual property …

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