You run a business under a name your clients know and trust. Then you set up your website and discover that your company name already exists as a site owned by someone else. Domain names cannot be duplicated. One party holds a specific website address at a time, and...
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IP and Technology
Can intellectual property law protect a domain name?
Trademark law can protect indicators of the source of a product. These indicators can include company names, logos, slogans, certain graphic designs and colors. In some cases, trademark law can even protect a certain smell if customers associate that smell with a...
Protecting your software through copyright
Let's say your company put a lot of time, effort and expense into creating original software. With your new software application, you gain an advantage in the marketplace. You're excited about the possibilities for your business. Unfortunately, soon after your app...
Squishmallows and Skoosherz Plush Toy Litigation
The major business media outlets buzzed about the Complaint filed in federal court in California on February 12, 2024, by Kelly Toys Holdings, LLC “(Kelly Toys”) against Build-A-Bear Workshop, Inc. (referred to as “Build-A-Bear”). Kelly Toys alleges that Build-A-Bear...
Supreme Court Rules in Favor of Jack Daniel’s
The Supreme Court decided in favor of Jack Daniel’s on its infringement and dilution claims against VIP Products, LLC (VIP). This post summarizes the facts, procedural history, and the Court’s opinion with some added commentary. Basic Facts. The “Jack Daniel’s”...
Strategies for intellectual property licensing
Successful businesses have a “secret sauce” that makes them unique in their industry and brings them prosperity. And, while these businesses would never want to give up or mess with that sauce, they likely have an intellectual property portfolio that is valuable....
User content and copyright claims
Online content does not fall outside intellectual property protection. The controversial Digital Millennium Copyright Act, passed in 1998, extends the reach of copyright law to protect digital technologies. DMCA The DMCA was passed to address the business and...
New FAA Rules Governing Commercial and Recreational Use of Drones
This article updates my 2015 blog titled “A New Frontier: Commercial Use of Drones – Proposed FAA Regulations – and Rules Applicable to Recreational Use” published and still available on our website. On December 28, 2020, the Federal Aviation Administration (“FAA”) announced new rules for Unmanned Aircraft (“drones”) that require “remote identification” of drones and allow operators of small drones…
Top 10 Gadgets at CES 2021
Lots of gadgets at all-digital CES 2021, as expected. To look for new products and gadgets, attendees could use the search tool in the exhibitor directory and connect to a known exhibitor site to see product descriptions, photos, videos, and special presentations. Or you could browse randomly through the directory for what you might find. Regardless of how, it is…
High-Speed Internet for Students in Low-Income Families – Overhaul the Universal Service Fund
High-speed internet service is essential to our economy and job growth. It is also essential for our elementary and high school students. Remote online learning due to the coronavirus pandemic has exacerbated the digital divide in education. The need to bring high-speed internet to low-income families will continue whether the schools are fully open or not. The long-term implications of…
