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Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More In the United States, trademark rights generally go to the first to use a mark in commerce as opposed to the first to file a mark with the trademark office. But what does that really mean? A recent trademark dispute case, Nexsan v. EMC, made headlines because it seemed to turn that basic premise on its head, awarding…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More Are Internet streaming services cable systems under Section 111 of the Copyright Act and therefore entitled to retransmit broadcast television under the compulsory license scheme? Under Section 111, cable systems can rebroadcast traditional broadcast television content in exchange for paying a statutory license fee to the Copyright Office at the Library of Congress. After the Supreme Court in…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More The “Fearless Girl” statue sparked headlines around the world in March when it appeared opposite the famous “Charging Bull” statue at Manhattan’s Bowling Green. The statue, commissioned by State Street Global Advisors as an advertisement for its index fund of gender diverse companies, generated a fair amount of controversy. Among those upset about “Fearless Girl” is the creator…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More Every couple of years, we see social media users publishing long posts containing broad declarations of copyright with lots of legalese. We want to shout from the rooftop: STOP!  Those posters are not doing anything to preserve their intellectual property rights. They simply spread misinformation about the nature of copyright in the age of social media. But we know that the continued popularity of…
When the United States Supreme Court decided Apple v. Samsung on December 6, 2016, some criticized the Court as “bailing out” Samsung, a company that critics know for copycat antics and exploding phones. The decision marked the latest in a series of battles between the two smartphone magnates regarding Samsung’s infringement of several Apple design patents. The Supreme Court considered only the validity of Apple’s $399 million damages award, not whether infringement occurred. Under Section 289
The weather turned colder, houses glow with lights, and while we may not have all the presents under the tree yet, the holiday parties are in full swing. Idle party chatter of IP lawyers at Christmas time often turns to issues of holiday trademarks and copyrights, so we thought we’d share a few IP holiday fun facts with you. While we tend to think of Christmas carols as songs that belong to everyone (in the…
The “well-known marks” doctrine (also known as the “famous marks” doctrine), protects a trademark in a country where it has never been used, so long as the mark enjoys fame and renown sufficient to cross borders. We previously discussed the well-known marks principle and the fact that U.S. courts disagree about its application in the United States. Well, thanks to a recent case involving pain relievers called FLANAX, the Supreme Court may soon accept an invitation to resolve…
It’s time to celebrate! Well, it’s official. Cloudigy’s Antigone Peyton has been named to the Virginia Legal Elite list for her work in Intellectual Property. Antigone was selected by her professional peers to be included in Virginia Business magazine’s 2016 Legal Elite, which was published in the December issue, and has been named among Virginia’s Legal Elite in prior years. Virginia Business publishes the Legal Elite list annually in collaboration with the Virginia Bar Association. More than…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More Hastags – a pound sign followed by a word or series of words with no space between – are ubiquitous on social media. People use them to spark and continue conversation about various topics on social media platforms. But can they be trademarked? Increasingly, companies are seeking to protect hashtags as trademarks. In 2015, applicants submitted more than 1,000 applications to the…
Podcast: Play in new window | Download Subscribe: Apple Podcasts | Android | Email | | More When Hasbro introduced a hamster named “Harris Faulkner” to its “Littlest Pet Shop” line of animal character toys, it drew a multi-million dollar lawsuit from real-life television journalist Harris Faulkner. The complaint, filed in New Jersey, included claims for violation of the right of publicity under New Jersey common law and false advertising and false endorsement under the…