Receiving a "Cease and Desist" letter claiming that your trademark is infringing or diluting an established brand can be an extremely unnerving experience. Even more so when that letter has been sent by a Fortune 500 company. The cynical purpose of such correspondence is to intimidate, to cause the recipient to scramble and abandon their mark. Sometimes, this is a warranted and necessary enforcement of a company's brand. But it is important to remember that the C&D is often a reflex tactic, employed without much consideration for the underlying legal authority. As this article illustrates (http://www.nydailynews.com/new-york/n-entrepreneur-beats-saks-avenue-copyright-dogfight-article-1.1991023), it's best not to panic. Contact an experienced IP attorney first to see where you stand. Recent decisions suggest that even if the opposing party is looking to flaunt their legal war chest, they would be wise to think twice about the strength of their argument before lighting the litigation fuse. More on that here: http://www.natlawreview.com/article/recovering-legal-fees-trademark-litigation-just-got-little-easier
With the Legalize It! Movement Comes Avoidable Legal Pitfalls
As the legal cannabis industry matures in Colorado and Washington, with propositions on several other states' ballots pending this November, what was once taboo is now big business. But as the market emerges from the legal gray area of medical into commercial, so too comes a host of intellectual property concerns that cannabis start-ups must take into consideration. What may have gone unnoticed when things remained under the radar, is now fair game for infringement actions. The solution: proactive consultation, original branding, proper trademark searches and registration. Read more here: http://www.thedenverchannel.com/news/local-news/hershey-settles-trademark-infringement-lawsuit-with-colorado-edible-pot-company10162014
Hollywood v. Silicon Valley: Can't We All Just Get Along?
Despite the money and power dynamics at play here, both industries likely stand to benefit from more mutual cooperation and integration, and less of things looking "like watching tourists go cage-diving with sharks." It would be exciting and lucrative to have a bit more of Hollywood on the Bay, and vice versa. Read More: http://www.nytimes.com/2014/10/16/fashion/silicon-valley-stirs-up-hollywood.html?emc=edit_th_20141016&nl=todaysheadlines&nlid=39033930&_r=0
Trademark Dispute Wades in Irony
Once you're done laughing over the fact that an ethics consulting firm is suing over use of one of the most common words in the English language, the facts of this dispute touch on a number of crucial trademark considerations...not least of which may ultimately be when or when not to sue someone for infringement in the first place: http://www.nytimes.com/2014/10/06/business/chobani-and-dov-seidman-wrestle-over-use-of-how-trademark.html?emc=edit_th_20141006&nl=todaysheadlines&nlid=39033930&_r=0
Battle Over "Fair Use" Heats Up
Artists, Satirists, Copyright Lawyers and T-shirt Enthusiasts, take note of this recent development in the ongoing battle over what constitutes fair use. The importance of the "transformative quality" of a person's work now starkly differs amongst the U.S. Circuit Courts. How long will it be until SCOTUS addresses the rift? Read more here: http://us.practicallaw.com/0-581-9123?source=linkedin
Beware the "Internet of Things"!
In the word of intellectual property, the ubiquity of the internet is a double-edged sword, particularly as it pertains to trade secrets. This article piqued my attention through the sublink mentioning that a wireless printer could be used to play the game "Doom"...food for thought: http://tradesecretslaw.wordpress.com/2014/09/22/will-the-internet-of-things-be-a-nightmare-for-trade-secrets/
Dodging Contractual Pitfalls in the New Media Landscape
Today's NYTimes article highlights the importance of knowing exactly what it is you're signing before you sign it, beginning with any Agent or Management Agreement and continuing forward to any deals those entities may set up. As the lines between Hollywood and the web become increasingly blurred, a little document review goes a long way: http://www.nytimes.com/2014/09/16/business/media/hollywoods-old-time-star-makers-are-swooping-in-on-youtubes-party.html?emc=edit_th_20140916&nl=todaysheadlines&nlid=39033930&_r=0
