You have seen many advertisements on Tiktok, but there are companies starting to get in legal trouble because of it. Key Takeaways: Check the License before using any creatives, including videos and music. Get the proper license or permission, if necessary. Be careful of vicarious infringement caused by influencer’s infringement of another’s rights. Bang Energy … Read more
A trademark can be anything that identifies a product or services. There are many things to trademark in your business, not just the business name. What to trademark Many e-commerce businesses have multiple trademarks. Below is a list of items that an e-commerce business may trademarks: Business Name: This trademark is usually the most broad … Read more
“Trade dress” is protection on the overall appearance or image of something in commerce. In short, how the item is “dressed” for sale. What is covered? Originally trade dress applied to labels and packaging, however, trade dress has expanded to include design and configurations of products. Examples: Product packaging, labels and containers: Shape and design … Read more
In the Consolidated Appropriations Act, incorporating the CASE Act, a new Copyright Claims Board (CCB) was established within the Copyright Office. The creation of the CCB follows a recommendation by the Copyright Office that provides a streamlined and cost-efficient means for copyright owners to enforce their rights. The Copyright Office is given one year (possible … Read more
Brand protection is important for any business. Without the proper brand protection processes in place, a business’ brand may become weakened or lost The Brand A brand is a symbol, mark, logo, name, word, or group of words that distinguishes a business or its product from others. A brand identity is developed once a consumer … Read more
The term “trademark” often refers to both a trademark and a service mark. Trademark vs. Service mark A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of … Read more
Customers often post images of products they have purchased on social media. The question is whether businesses can use or repost those images on their own social media. The answer to this question involves copyright laws. Copyright Ownership The authors of a social media post has exclusive rights under the Copyright Act, including the right … Read more
Process for applying a trademark Picking a trademark Research Use in commerce/Intent to use Application Approval Renewal fees Picking a trademark When deciding what trademark to use, a owner should understand the strength of the trademark. There are varying levels of trademark strength depending on the words themselves. The following list are the various levels … Read more
DMCA takedown notice background Generally, a service provider would have liability for copyright infringement. The law provides for limiting the liability of online service providers (OSP) for infringing material on websites hosted on their systems, including website users posts on the website. Limitation eligibility To be eligible for the limitation, an OSP must not have … Read more
Copyright protects original expression of ideas in various forms and media. Copyright protection lasts for a limited time and has certain statutory exceptions. Protected material Copyright protects work of authorship. Examples include: Literary works Musical works Dramatic works Pantomines and Choreographic works Pictorial, Graphic, and Sculptural works Motion pictures and audiovisual works Sound recordings Requirements … Read more