1. Should Musical Works be Entitled to ‘Broad’ or ‘Thin’ Copyright Protection?

    A hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision in Williams v. Gaye, No. 15-56880, concerned whether Marvin Gaye’s 1976 hit song “Got to Give it Up” was entitled to “broad” or “thin” copyright protection. The Ninth Circuit panel, in a 2-1 decision over a vigorous d…Read More

  2. From the streets to the courts : H&M Vs. REVOK

    In the era of fast communication and social media, Brands have to be extremely vigilant about the message they convey. The fashion industry as the ultimate Industry of appearances is specifically targeted in this regard. Every moves is publicly analyzed, criticized, and H&M is the last “victim” of that public eye watch. In a campaign for its New Routine sportswear, the brand featured image…Read More

  3. What is the ‘Right of Publicity”?

    Most people have heard of well-known categories of intellectual property law such as trademark or copyright, but there is another type that you might not know, and all of us own one – the right of publicity. Don’t be misled by the word “publicity”; this right does not require you to be a celebrity pursued by paparazzi. Rather, it is the right to control the use of your own name or likeness…Read More

  4. Homemade Inventions Deserve Patents, Too

    In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or process may also be worthy of patent protection. A patentable device …Read More

  5. Maintaining Your Patent Right, Trademark Right and Copyright

    Patent, trademark and copyright are all part of intellectual property right.  However, the way to obtain and maintain these rights differs from each other.  Because many clients have been confused by it, I think it would be helpful to provide a quick summary about their differences. Obtaining the Right To obtain a trademark right, the mark owner must use the trademark in commerce.  Once the own…Read More

  6. Kylie and Kendall Jenner Don’t Know Wrong from Rights

    Earlier this year, Kylie Jenner tried to register a U.S. trademark for “Kylie” as a brand for her celebrity and her branded goods.  For some reason, she or her legal counsel neglected to first find out if that name/brand was available for trademark registration in the trademark classes Kylie sought.  It wasn't. As early as 2006, several “Kylie” registrations had been obtained by supersta…Read More

  7. Can a trademark include a mark that’s already registered within it?

    It depends on how the registered mark is used and how arbitrary or fanciful is the registered mark. In short, if no one will confuse your mark with the registered mark, then you likely will be fine. For example, “Target” is registered by Target Brands, Inc. in association with various retail department store services. However, because “target” is a common English word, use of the word “t…Read More

  8. Duty to Disclose Information Material to Patentability

    Under U.S. Patent Law, and very much to Patent Law in other countries as well, Patent Applicants have the duty to disclose all information that is material to the patentability of their Patent Applications. This mandatory disclosure is generally done by submitting Information Disclosure Statement (IDS) form to the Patent Office. Most of the time, information material to Patentability are referring…Read More

  9. Importance of “Boilerplate” Terms in Contracts

    The term “boilerplate” in contracts is often used to refer to miscellaneous terms and provisions, which don’t concern the main terms and conditions of the agreement.  For that reason, boilerplate provisions are often ignored or given short shrift by parties to contracts.  This is a mistake because boilerplate terms can be critical to resolution of disputes relating to the underlying contra…Read More

  10. Trademark Infringement VS. Copyright Infringement

    Some clients are confused about when should they enforce their Intellectual Property (IP) right under Trademark and when should they do so under Copyright.  In short, while there may be some overlap between the two IP rights, the primary purpose for Trademark is to protect brand names and logos used on goods and services, and the primary purpose for Copyright is to protect an original artistic or…Read More