Let this be a lesson to anyone producing creative works who decides to deem them a “collection.” Examples of this might include: musicians releasing an album, writers compiling essays or short stories into a single book, and visual artists placing multiple works in a...
Crystal Broughan, Intellectual Property Attorney
Can You Register a Trademark for the Translation of Your Book?
I will start this blog post with a simple trademark law fact: If you write a book, you are not allowed to register a trademark for the name of that book. Given that, perhaps you wonder how a person would arrive at the question: "But can I register a trademark for a...
November IP Event: The International Trademark Association Leadership Meeting
This November 15-17th, the International Trademark Association is holding its annual Leadership Meeting in Houston, TX. This is an invite-only conference for board members and leaders of committees for the Association. Since I have been serving on the...
Famous Authors Fight Back Against AI Using Their Content for Free
Authors – and the writing world in general – have largely been up in arms over the rise of ChatGPT and other AI aggregator programs that “create” their content by crawling through existing material and stitching it together – to arguably make something new. One of the...
When a Sound Can Be Registered as a Trademark for Goods
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...
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...
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...