The Paramount movie Top Gun: Maverick made about $126 million in its opening weekend. You may remember its 1986 predecessor of a similar name, minus the “Maverick.” Rather than celebrate its success, however, Paramount may be dealing with copyright entanglement. The...
Congress established the 1998 Digital Millennium Copyright Act (DMCA) in order to help regulate the usage of copyrighted material on the internet. It was meant to increase protection for both copyright holders and create a safe harbor for internet service providers –...
Have you ever snacked on Ferrara Candy Company’s wares? Chances are high that you have – and if not, you have probably seen their bright, colorful packaging and candies in many a gas station and corner store. To be fair, Ferrara Candy Co. is a distributor, not a candy...
If you use a piece of another artist’s work in your own artwork, can you confidently proceed, knowing that the “fair use” defense under copyright law will save you from a lawsuit? In the current state of American IP law: No. Fair use came about as a way to respect a...
If you are an aspiring small business owner – or in the process of becoming one – you might already have a dream name in mind. Perhaps it carries some sentimental connection to family, friends, or a long-treasured idea of yours. That is all fine and good, but, as you...
What is the value of your company’s trademarks? What about the patents or copyrights you hold? Is the value of those intangible assets reflected anywhere on the company balance sheets? Trademarks, patents, and copyrights are often used as collateral for loans that...
After a thoughtful two-year preamble, the Copyright Claims Board (CCB), precipitating from the 2020 CASE Act, is beginning to take solid form. The final rules for its copyright infringement proceedings were released in late March, to take effect April 25, 2022. Part...
As the days warm, you may find yourself cracking open a cold beer on the porch. If a friend asked you, “Is that a ‘Stone or a Stone?” would you know how to answer? That question is at the heart of a trademark infringement and trademark dilution lawsuit between two...