Sometimes. Maybe. It depends. A trademark is a source identifier; its purpose is to inform the purchaser of goods or services of the source of those goods or services. A design can be a trademark, but not when it is decorative ornamentation on the item itself. I see this with clients who want to register […]
An Update on the Slants
In March of this year, I wrote about a trademark case that was accepted by the US Supreme Court on an appeal filed by the United States Patent and Trademark Office. For a history of the case, see my blog post of March 1, 2017. The court heard oral argument in the case in January […]
The Slants Take a Poke at Trademark Law
Simon Shiao Tam is the founder of The Slants, an all-Asian American, post-punk revival band based in California. But whatever fame Tam has achieved as a musician may well be exceeded by his impact on trademark law. In November 2011, Tam filed an application in the US Patent and Trademark Office (“USPTO”) to register “The […]
Downward Dog and Copyright
A recent decision from the Ninth Circuit Court of Appeals does a fine job of explaining what can be copyrighted, and why. Bikram Choudhury is a world-famous yoga instructor. Originally from Calcutta, Choudhury hit it big in Los Angeles with a form of Hatha Yoga that became known as “hot yoga” because of Choudhury’s practice […]
The Case of the Dancing Baby
In 2008, Stephanie Lenz posted a video to YouTube of her toddler son dancing to a tune by the artist formerly, and once again, known as Prince. The tune was Let’s Go Crazy, and the video was titled “Let’s Go Crazy #1”. Universal Music Group issued a takedown notice under the Digital Millennium Copyright Act […]
Third Party Content on Your Website
“Third party content” is material on a website that is not created by the site owner. Reader comments, guest blog posts and web forums are all examples of third party content. An important protection for site owners that allow third party content is Section 230 of the Communications Decency Act. Communications Decency Act 230 Section […]
DMCA Takedown Service Explained
The advertising of just about everything now takes place largely online. Banner ads and pop-up ads; adMob ads and re-targeting ads; ads on Google, Bing, Facebook and YouTube; on Vine and Vimeo. The ubiquity of online advertising, the frequency with which we are exposed to it, and the ease of acquiring the images and content […]
Copyright Protect and Fair Use
The Copyright Act of 1976 is the basic framework for current US copyright law. The foundation of federal copyright legislation is Article I, Section 8 of the U.S. Constitution, which enumerates the powers of Congress, and states that Congress is empowered “To promote the progress of science and useful arts, by securing for limited times […]
Adwords and Trademarks
Whatever you need; whatever you want, more likely than not, you’ll use a search engine to look for it online. For providers of goods and services, building an online profile and keeping it high in search results is job No. 1. Not infrequently, a company will purchase a competitor’s trademark as a “keyword” from a […]
Testimonials, Copyright and the Right of Publicity
Client Testimonials Businesses of all kinds and sizes rely on a website as a primary marketing tool, and web-savvy business owners (and their SEO consultants) place a high value on customer and client testimonials. A positive testimonial is a powerful validator because it is a “peer to peer” communication recounting a first-hand experience. Testimonials with photos or […]
