Arguably at the top of the list for creativity is US7258592, a patent directed to a Santa Claus Visit Kit. Parents will want to keep this kit hidden from their children, as it is designed to create an illusion that Santa Claus has visited a home.
Recently, we filed an application to register the copyright for Finny the Fish. In the United States, and in many other countries, copyright protection arises at the moment a work is fixed in tangible medium. So, why would we take the extra step to register Finny’s copyright?
With the 2022 midterms (almost) in the rearview mirror, political junkies are now free to turn their full attention to the 2024 presidential election. Today’s focus is on the tug of war that can occur when candidates play music at campaign events.
Both trademark law and copyright law may protect your logo, although the protection they provide differs. Trademark law would prohibit the unauthorized use of another’s logo that is sufficiently similar to your logo such that it is likely to cause confusion in the marketplace.
In the U.S., copyright protection generally does not extend to “useful” articles, like shoes, but can protect the designs on shoes, like that of the Yeezy Boost 350 sneakers. However, in Italy, the global fashion powerhouse since the 15th century, copyright law can protect shoes—like Moon Boots.
Under US copyright law, in most instances, if an independent designer creates your logo, then the independent designer, not you as the contracting party, would own the copyright.
Consumers have grown accustomed to seeing knock-off costumes based on popular celebrities and movie or book characters. Some of these knock-off costumes, while attempting to skirt intellectual property violations, are providing unexpected humor for shoppers.
Should a 19-year old’s consent to their NIL rights be binding as they mature? Should unilateral revocation of NIL rights be permitted?
Have you read an interesting article or social media post that just “speaks to you” – saying exactly what you want to say yourself, or proving a point you really want to make?
Trademarks are an important aspect to a business’ success. They potentially are anything that could be perceived by consumers to identify one merchant’s goods or services.
Fishman Stewart attorneys are dedicated to the practice of intellectual property law. As strategic advisors to CEOs and senior executives throughout the world, we help maximize the value of our client’s “intellectual capital.”
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