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Using the DMCA to Enforce Copyright on the Internet – EsquireTrademarks.com
Digital Millennium Copyright Act (DMCA) - A Quick Breakdown. The DMCA absolves internet service providers (ISP's) from liability for copyright infringement if the ISP's follow specific Notice and Takedown Rules outlined in the Statute. Naturally, anyone hosting content on the web follows the DMCA Notice and Takedown Rules to be free of liability. Copyright Registration Is Not Required to Issue a DMCA Takedown. The content subject to the DMCA takedown must be copyright subject matter (not trademark or other IP) and you must be the author / owner. A Proper Takedown Notice Must be Filed. Most ISP's have created their own forms to complete. A DMCA Takedown Notice Should: include your signature or the signature of a person authorized to act on your behalf (your “agent”) (the signature can be either physical or electronic); identify the copyrighted work that is being infringed; identify the activity that is [...]
Copyright Ownership for Graphic Designers – EsquireTrademarks.com
Ground Rules for Artists / Graphic Designers. The Author Has the Power to Control Use of the Work. The author of the work is the owner of copyright. Typically the person who fixes the expression of creativity to the medium. (ink, paint, pixels, clay, etc.) Contributes a minimal degree of original expression of creativity to the work. [A] sculptor … might sit in a chair, never moving and never touching the materials, perhaps in part because he might be paralyzed or simply because the materials might be large and heavy. There are sculptors nowadays who work in huge materials, I-beams, storage tanks, things like that, that are welded together where the sculptor's contribution is rendered entirely by the giving of instructions to workmen to put a member in a certain position and bolt it to another member and so forth. I think it is clear without question that such participation is authorship. [...]
What is a Copyright? – EsquireTrademarks.com – Online Trademark Guide
Copyright Is a Legal Right to Exclude Others from Copying an Original Work of Authorship. Right to Exclude (Life of Author +70 years) Original Work of Authorship (your work, not public domain) Copying (reproducing, public display, derivative work) Let's Discuss Ownership / Authorship of a Copyright → EsquireTrademarks.com - Online Trademark Attorneys - What We Do: Our Philadelphia copyright & trademark attorney, prepares and files trademark applications for clients throughout the United States and abroad. We prosecute and defend trademark infringement and unfair competition actions in the Federal Courts throughout the United States and abroad. We also prosecute trademark office actions and appeals before the United States Trademark Office. We handle internet based trademark disputes and trademark, DMCA, and copyright takedowns. We draw on our experience as trademark litigators to guide you through the trademark process. We support businesses, law firms, and individuals by providing top notch legal services in intellectual property matters. [...]
What Is Intellectual Property? – EsquireTrademarks.com – Online Trademark Guide
What is Intellectual Property? Intellectual Property broadly describes "creations of the mind" such as inventions; literary and artistic works; and symbols, text, and images used to identify a business. Intellectual Property, or "IP" Laws, are designed to protect these creations of the mind. IP laws generally fit into the following categories: patent law, trademark law, copyright law, and trade secret law. Patents protect Inventions or Methods that are new, useful, and non-obvious. Trademarks protect Source Identifiers. Source Identifiers are text, graphics, etc. that symbolize a business. Trademarks represent the identity of good or service. Trade Secrets protect confidential information that provides a competitive advantage. Copyrights protect original works of authorship fixed in a tangible medium. EsquireTrademarks.com - Online Trademark Attorneys - What We Do: Our Philadelphia copyright & trademark attorney, prepares and files trademark applications for clients throughout the United States and abroad. We [...]
Trademark Renewal – What is a Combined Section 8 & 15 Declaration?
Trademark Renewal - What is a Combined Section 8 and 15 Declaration? When should you start thinking about Trademark Renewal for your registered mark? No filings are due for at least 5 years after your mark has been granted registration. Under normal circumstances, your trademark will not be cancelled or expire during that period. In fact, you have up to 6 years to make the required filing. You can even file as late as 6.5 years from the registration date (with an additional surcharge). Certain exceptions are when your trademark is cancelled as the result of a cancellation proceeding, or when you expressly abandon the registration. After 5 years of registration, the recommended Filing is a Combined Section 8 & 15 Declaration. What is a Combined Section 8 & 15 Declaration? As stated in the title, a combined declaration is actually two declarations - [...]
Common Law Trademark Rights
What are Common Law Trademark Rights? Why are they Important? Common law trademark rights are authorized by federal and state laws. They exist without registration. These unregistered trademarks can cause problems with your registration and use of a trademark. That is, unregistered trademark rights can pop up at any time before, during, or after you register a trademark, and they have a potential to cause problems with your exclusive use of a registered trademark. Common law trademark rights can affect your application and registration: Common law trademark rights are unregistered rights acquired by using the name with the sale of goods and services. Common law trademark rights can be used to block your trademark application. Common law trademark rights can be used to cancel your trademark registration. You can be sued for infringement by someone who has common law trademark [...]
Public Citizen v Trump Complaint National Emergency Declaration
Lawsuit: Public Citizen v Trump Complaint National Emergency Declaration (Copy of the Complaint) On February 15, 2019, Public Citizen Litigation Group filed a Complaint for Declaratory and Injunctive Relief in the United States District Court for the District of Columbia. The action seeks declaratory and injunctive relief with respect to President Donald Trump’s declaration of a national emergency, the invocation of emergency powers, and the expenditure of funds to construct a border wall. The action claims that the emergency declaration for construction of the wall exceeds President Trump’s authority under the National Emergencies Act. The plaintiffs (who have the necessary standing to sue President Trump) are three landowners located in southern Texas. The plaintiff-landowners claim they will be harmed by the resulting boarder wall being constructed. In particular, the plaintiffs claim an "imminent invasion of their privacy and the quiet enjoyment of their land, both during construction [...]
Notice of Trademark Publication
You've Received a Notice of Publication... Congratulations! Your trademark application is scheduled to publish in the Official Gazette. This means that the Examining Attorney at the Trademark Office has carefully reviewed and approved your application under the Trademark Statute and associated Regulations. Visit the Trademark Status and Document Retrieval (TSDR) database, and enter the Trademark Application Serial Number, to preview the Notice of Publication. What Happens Next? 30-Day Publication of the Trademark Application for Opposition Other brand owners and affected third-parties have 30 days from the date of publication to oppose your trademark application. If a notice of opposition is filed, your trademark application will be suspended until the opposition proceeding is resolved. If the trademark application is not opposed within 30 days, the application will move forward to registration as a U.S. Trademark. Visit my opposition proceedings page for more information. Intent to [...]
Tips for Naming your Business
Tips for Naming Your Business - An Overview Naming a business is a complex and time-consuming process. So far, we have discussed Choosing a Company Name for Trademark Use, Legal Considerations When Naming Your Business, and The Stylistic Approach to Naming Your Business. Here is a summary of our most important tips for naming your business: Tip #1 - Understand Your Company’s Core Message & Values Understanding your company’s core message & values is a fundamental detail in choosing a unique name that will help customers identify your brand. You will build brand authenticity with a powerful name that reinforces your overall mission and values. You want to choose words or phrases that align with the goods and services that your company offers. However, be aware that explicitly defining or describing your goods and services can result in weak trademark protection. For example, defining/generic [...]
Double Doink Trademark Application
Double Doink Trademark Application 2018 brought us the “Philly Special” and "Philly Dilly". This year, Philadelphia Eagles’ fans celebrated the “Double Doink” - the failed field goal attempt by Chicago Bears kicker Cody Parkey that allowed the Eagles to continue into the playoffs. Soon after, the season ended for the Eagles after losing to the New Orleans Saints on January 13, 2019 but the “Double Doink” lives on. About the DOUBLE DOINK Trademark Application An application was filed to register DOUBLE DOINK as a trademark on January 8, 2019, just two days after the infamous playoff game. Myron Thews of Wisconsin applied to register DOUBLE DOINK with the United States Patent and Trademark Office (USPTO) for use in “online, and clothing, novelty items". Prior to the filing date of the application, the phrase DOUBLE DOINK dominated social media and made its [...]