It is fairly uncommon for a sound to serve as a trademark for goods, likely due to how we define trademarks. In order for a mark to be registered, it must the mark must serve as a source identifier for the product or service. Typically, this involves that mark being...
Year: 2023
Video: Best Practices in I-9 Compliance for HR Professionals
You might be wondering: "How bad can a few simple I-9 mistakes be?" It's natural to think that a mistake or two won’t matter. Especially if you’re busy with lots of other things or haven’t been trained to avoid these mistakes. Unfortunately, when it comes to...
Can a Company Use a Social Media Video Without Licensing? Courts Say “No”
In the age of social media, video content has never been more widely available. What used to demand the planning and labor of a film crew and TV/theatrical distribution can now be spontaneously shot on someone’s phone and released on Instagram. Perhaps the casual...
Cannabis Candy Makers: Read This Before You Register a Trademark
We have addressed CBD and cannabis products in recent years on this blog, but the story continues to evolve as more and more states make not only CBD but full THC products legal. Federal legalization remains elusive, but is likely inevitable. In particular, CBD and...
Shareholder Jep Barbour attended the JBA’s Past Presidents Reception
Last month, Marks Gray Shareholder Jeptha "Jep" F. Barbour attended the Past Presidents Reception at The River Club in Jacksonville, with other local leaders in the legal industry. Jep served as the President of the Jacksonville Bar Association in 1996-1997 and also...
The Author of LOTR Fanfiction Sued Amazon and Tolkien’s Estate – It Did Not Go Well for Him
To put it mildly, the relationship between the copyright owners of popular works of fiction and the creators of fanfiction has always been… complicated. Some copyright holders wholeheartedly support it. Others have denounced it, wanting to retain total control over...
IVG and the Role of Patents in Assisted Reproductive Technology
You’ve heard of intellectual property in the art world, but what about intellectual property in the ART world? I’m referring to intellectual property in assisted reproductive technology (ART), a field that’s grown with fervor in the past few decades. This term...
You Cannot Register a Copyright That Never Existed: Ruling Against AI-Generated Work
AI and copyright are far from new themes in September 2023. You have likely heard about multiple cases on the nature of AI-generated work and how copyright law may (or may not) apply. A recent ruling on a completely AI-fabricated piece of artwork advanced this...