Intellectual Property

/Intellectual Property

U.S. Supreme Court: Copyright Owners Must Register Works Before Filing Copyright Infringement Lawsuits

The United States Supreme Court has ruled that copyright owners must register their works prior to filing suit against infringers. In Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, 586 U.S. ____ (2019), the Court held that registration is a statutory prerequisite to a copyright infringement lawsuit. Faced with a [...]

By | 2019-03-07T13:55:07+00:00 March 7th, 2019|

New Trade Secret and Noncompete Laws

 State legislatures have been busy enacting or considering new laws governing trade secrets and noncompete agreements, including Colorado, Idaho, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Utah, Vermont, and Washington.  It may be time to blow the dust off your form agreements and confer with intellectual property (IP) counsel to see [...]

By | 2019-01-04T16:47:54+00:00 December 17th, 2018|

New Canada Trademark Laws Affecting U.S. Brand Owners

As global trade and multinational business grow, worldwide trademark protection has become extremely important.  Canada is or may become a vital market for many U.S. brand owners, and vice versa. Brand owners should be aware that the Government of Canada is in the process of implementing a major overhaul of [...]

By | 2019-01-04T16:48:31+00:00 December 4th, 2018|

Does My Business Need An IP Audit?

  The value of intangible assets including intellectual property (IP) is rising steeply in the U.S. and globally.  Businesses and their advisors need to understand and leverage a company’s portfolio of IP assets to maximize present and future value.  An IP audit may help. Tangible and Intangible Business Value In [...]

By | 2019-01-04T16:49:10+00:00 November 7th, 2018|

New Copyright Law: Music Modernization Act (MMA)

On October 11, 2018, President Donald J. Trump signed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) into law.  This bipartisan law amends the U.S. Copyright Act, and is the first major reform of music copyright law in the U.S. in decades. The MMA seeks to streamline music licensing [...]

By | 2019-01-04T16:51:42+00:00 October 31st, 2018|

Cybersquatting and Public Use: The Eleventh Circuit Weighs In

The United States Court of Appeals for the Eleventh Circuit recently decided a case involving trademark protection for domain names. The case, Direct Niche, LLC v. Via Varejo S/A, 898 F.3d 1144 (11th Cir. 2018), involved alleged cybersquatting, which refers to the bad faith registration or use of a domain [...]

By | 2019-01-04T16:50:39+00:00 October 24th, 2018|

Is Intellectual Property a Constitutional Right?

By Stephen D. Wilson | October 16, 2018 Did you know that the United States Constitution has an intellectual property (IP) clause? The IP Clause of the U.S. Constitution (1787) The U.S. Constitution was adopted on September 17, 1787.  Article I, Section 8, Clause 8, of the Constitution grants Congress [...]

By | 2018-10-22T12:52:44+00:00 October 16th, 2018|

Should U.S. Brand Owners Be Worried About Brexit?

By Stephen D. Wilson | September 25, 2018 In an increasingly global, crowded, and competitive market, savvy U.S. brand owners recognize the strategic benefits, value, and necessity of protecting their trademarks and other intellectual property (IP) beyond U.S. borders.  The United Kingdom (UK) and the European Union (EU) are important [...]

By | 2018-10-22T12:53:59+00:00 September 27th, 2018|