Should You Sue for IP Infringement? Three Key Questions to Ask First **Attorney Advertising **
That sinking feeling when you discover someone copying your intellectual property – it’s personal, it’s frustrating, and it often triggers an immediate urge to take legal action. Before you speed-dial your attorney, let’s explore three crucial considerations that could save you time, money, and stress. 1. Can You Prove Actual Harm? Spotting a similar logo […]
Understanding Design Patent Considerations: A Quick Comprehensive Guide
When it comes to protecting the unique visual qualities of a product, design patents are an invaluable tool for inventors and designers. Unlike utility patents that safeguard the functional aspects of an invention, design patents focus on the ornamental appearance, including shape, configuration, graphical user interface, and surface ornamentation. In this comprehensive guide, we’ll delve […]
When Brands Imitate: Addressing Copycats in the Social Media Arena **Attorney Advertising**
In today’s digital age, social media platforms have become essential tools for brands to connect with their audience, showcase their identity, and promote their products or services. However, with the ease of sharing and reposting, it’s not uncommon for brands to find their content being imitated or outright copied by others. If you find another […]
Will a Disclaimer Help If I’m Sued? **Attorney Advertising**
Have you ever come across a video on YouTube that’s using someone else’s copyrighted content? If so, you might have noticed a copyright disclaimer in the description. This type of disclaimer is commonly known as a “fair use” disclaimer, and it’s included to help protect against copyright infringement claims. Section 107 of the Copyright Act […]
Is it 10%, 20% or 30%? How Much Do I Have to Change to Avoid Copyright Infringement? **Attorney Advertising**
Over the years, we’ve heard a lot of myths regarding how much a work needs to be changed to avoid being labeled as copyright infringement. Some people insist the rule is 10%, while others say it’s 20% or even 30%. You’ll find a plethora of threads on sites like Reddit and Quora asking this very […]
What Happens If My Graphic Designer Infringed On Someone’s Copyright? **Attorney Advertising**
Many business owners will utilize the services of a professional designer to create the graphics used on their website or social media accounts. The business owner obviously counts on the graphic designer to use files or photos that they’ve properly obtained a license for. But what happens if a graphic designer was not honest or […]
The Easiest Way to Get Sued for Trademark Infringement **Attorney Advertising**
You may be surprised to learn that one of the easiest ways to get sued for trademark infringement is to file a trademark application with the United States Patent and Trademark Office (USPTO). Yes… let that sink in. Merely applying to register a trademark is one of the top ways that people wind up on […]
Life Just Got Harder for Counterfeit Sellers with the Launch of Amazon’s New Counterfeit Crimes Unit **Attorney Advertising**
Last month, I wrote about my run-in with counterfeit sellers on Amazon when searching for a toddler drum set for my son. If you missed that post, one listing I came across showed a beautiful drum kit for under $3.00. At that price, who wouldn’t be tempted to hit “Buy Now?” After a little bit […]
Is a “Digital Timestamp” Enough to Prove Copyright Ownership of Music? **Attorney Advertising **
Most people have heard of the “Poor Man’s Copyright.” If you’re not familiar with the term, it’s the process of sticking a creative work in an envelope and sending it to oneself via the post office in order to have a “federal timestamp” showing when the work was created. Unfortunately, this “Poor Man’s Copyright” is […]
I Received a DMCA Takedown Notice. What Should I Do? **Attorney Advertising**
If you receive a DMCA Takedown Notice stating that you are infringing on someone’s copyright, it’s important to pay attention to what’s being alleged in the document and take immediate steps to address the issue. The worst thing you can do is ignore or throw out the takedown notice. This is your chance to fix […]
