Aaron & Sanders PLLC

Located in Nashville, Aaron | Sanders PLLC is an intellectual property and technology law firm. Their practice consists of trademarks, copyrights, privacy, internet, and solving business disputes. Founded in 2011 on the idea that all businesses deserve sophisticated affordable legal representation, Aaron | Sanders represent technology companies and start-ups in licensing matters and business disputes.

Aaron & Sanders PLLC Blogs

Latest from Aaron & Sanders PLLC

What a Fight Between Two Lines of Stuffed Animals Teaches Us About Trade Dress and Functionality I’ve warned you about trying to protect “designs” in the U.S. before. Outside of design patents (which are rare and not always an option), U.S. law doesn’t really recognize “designs.” It recognizes sculptures (under copyright law) and trade dress (under trademark law). Both have their limitations. Let’s say you want to protect this “design”: A single Squishmallow, downloaded…
Photograph by Reuben G. Brewer, under Creative Commons Attribution-Share Alike 4.0 International Hail to the Washington Football Team! By now you’ve probably heard that the American football team that plays in the Washington D.C. area has decided to change its team name from a racist slur to, well, something else. Nobody’s not sure yet. The Washington football team hasn’t decided. There are fairly well-substantiated rumors that this delay is the result of a “trademark dispute.”…
ID 10364985 © Kirsty Pargeter | Dreamstime.com   Last time, we gave witness to the demise of the EU-US Privacy Shield program. I promised you I would explain who might be able to take advantage of one of the last grounds remaining to import personal data to the US from the EU.  That remaining ground is that “the transfer is necessary for the performance of a contract between the data subject and the controller or…
Tara Aaron-Stelluto publishes “Four Privacy Law Considerations for Trademark Counsel” with the American Bar Association, Intellectual Property Litigation Committee. The article explores the reputational suffered by companies after data breaches, the challenges posed by emerging data protection laws to trademark investigations, and how trademark counsel can and should be involved in data security discussions at the executive level. Privacy and data protection laws are sweeping the nation and the world and compliance with the varied…
If your company is one of the 5378 who have certified under U.S. #Privacy Shield, your world got rocked last night. /1 — Your CCPA “Do Not Sell” Link is Not Conspicuous (@tara_aaron) July 16, 2020 If you are a company in the U.S. that collects personal information on people in the European Union, your world got rocked last Thursday morning. (Do you see how early I had to get out of bed that day?)…
What Happens if Reasonable Minds Could Disagree Whether Information in a Copyright Registration Is “Inaccurate”? Last time, I wrote about an outrageous legal result, Unicolors v. H & M. Because the copyright holder made a ministerial (i.e., minor) mistake on its copyright registration application form, it had a very large judgment for copyright infringement thrown out. It had won at trial, been awarded money damages by a jury, then been awarded its attorneys’…
When American Exceptionalism Isn’t Exceptional Americans assume copyright is something you have to register for. The rest of the world assumes either registration is voluntary or honestly doesn’t know what you’re talking about. The truth about copyright registration, in the United States, is a little more complicated. Or, more accurately, a little more mystical. You do not need to register a work to have copyright in it. Copyright attaches itself (“vests in”) the author as…
The U.S. Copyright Office’s Section 512 Report Is “Unbalanced” After five years of work, the U.S. Copyright Office has issued its lengthy report about how the DMCA safe harbors are working. If you want to read it, you can read it here. The headline takeaway was that, about 20 years later, the safe harbors are “unbalanced” against copyright holders. But I don’t think you should bother because that conclusion isn’t really supported by anything.…
Joint Operation of a Business Leads to a Nightmare of a Case It’s fun to blog about well-publicized cases, like the recent Stairway to Heaven decision. But I pay much more attention to quotidian IP cases like this one involving a haunted house on Washington State Route 9 near Seattle. Not only are they much more like the cases I actually litigate, but they hold many more lessons for how to avoid sticky legal…