I received a phone call from an attorney this week asking me if I had recently encountered any problems filing trademark applications with the USPTO. She proceeded to explain that she had filed a trademark application with the USPTO via the Trademark Electronic...
Marks Gray
Do You Make NFTs? What You Need to Know About Copyright Protection
What do LeBron James, Kings of Leon, and a hybrid Pop Tart/cat monster have in common? They all comprise pieces of a trending type of art that lives on the internet: NFTs, or “nonfungible tokens.” These digital art pieces cannot be replicated, because they employ...
Benefits of the International Trademark Association Virtual Leadership Meeting
This week, I have been attempting to attend as much of the International Trademark Association (INTA) Virtual Leadership Meeting as I can. There are committee meetings, seminars on trademarks and copyrights, networking via chat rooms, and even virtual receptions. I...
Presenting Intellectual Property 101 for the Jim Moran Institute For Global Entrepreneurship
No matter what obstacles pop up in life, entrepreneurs find a way to pivot and keep going. The Jim Moran Institute for Global Entrepreneurship recognizes that characteristic in their students. That is why they have continued offering their Small Business Executive...
Business Owners Who Ignore Their “Signs” Do So At Their Own Peril
I have worked with hundreds of entrepreneurs, as well as small, medium, and large businesses. So trust me when I say that I understand starting a business and keeping it operating takes a lot of determination, planning, and an open mind. Those who are the most...
What in the World Is GatorCheats and Why Did They Just Agree to Pay $2M?
Even if you do not play video games, you probably know that the video game industry makes a lot of money. It is quite likely that you also have a sense that the content in video games falls under copyright protection. What you might not realize, however, is that...
Adding a New Aesthetic or Expression Is Not Necessarily Transformative
In 1981, photographer Lynn Goldsmith did a photoshoot with Prince while on assignment for Newsweek. While those images were never published, Vanity Fair licensed one of them in 1984 for an illustration by Andy Warhol. Mr. Warhol ultimately used the photo to create 16...
Winning a Copyright Infringement Case Can Sometimes Have a High Cost
I recently ran across a story that illustrates the importance of choosing your legal battles carefully where copyright is concerned. In Golden v. Michael Grecco Productions, Inc., photographer Michael Grecco’s attorneys contacted blogger Lee Golden about using their...