How to choose a trademark that can likely be protected? Make one up. My greatest challenge when it comes to trademarks is the marketing department. In most cases, marketers tell their clients, when choosing a trademark, to select a mark that “describes” what they do....
When was the last time you purchased a CD or MP3 download of your favorite artist's songs and listened to the tunes at home, in your vehicle, or on your headphones while out for a jog? Like me, I presume it's quite often. Right of Publicity? However, did you know that...
Accepting Terms. Terms and Conditions. I have said it many times before and will continue to say it (because some folks don't get it until it's too late): READ ALL AGREEMENTS BEFORE YOU ACCEPT THE TERMS. That includes, especially in today’s world, Terms of Use, Terms...
Publishing Work. Are you an aspiring writer looking to get your book published, or are you already a published author who traversed the maze of pitfalls of publishing? Publishing your work, unfortunately, is not a simple open and close task. There is so much on the...
Can animals own a copyright? This may sound like a stupid question. Can animals own a copyright? People may have different opinions, but the opinion of the District Court of California is that they can’t. Strange as it sounds, the animal rights group, PETA, filed a...
Fantasy Island: A True Brand. Lately I’ve found myself enthralled by old episodes of Fantasy Island. I am not ashamed to admit that it was one of my favorite shows back in the late 1970s and early 1980s, and I have rediscovered its charm. But what has really captured...
Sweepstake Marketing Strategy. Cash Prize. Who in this day and age hasn’t received some sort of promotion in the mail or through email claiming that you are eligible to win a cash prize if you sign up for their sweepstake or participate in a contest? Sweepstakes and...
Fair Use. Take-down. Copyright. Is it Fair Use? Section 512(c)(3)(A)(v) of the Digital Millennium Copyright Act requires that copyright holders consider, whether content that is perceived as potentially infringing is fair use before they issue a take-down notice. A...
Contracts. Agreements. Mouse Print. Have you ever tried to read those contracts or terms of use from a utility company or an app for your phone or software for your computer? More often than not, the text on those contracts/agreements is so small you literally need a...