In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being inherently distinct, the mark must acquire distinctiveness in consumers’ minds to achieve trademark status. That acquired distinctiveness is called a “secondary meaning.” Secondary meaning is a new and additional meaning that attaches to a mark. […]
For websites that allow user generated content (UGC), the online service provider (OSP) and the copyright holder share responsibility for combating infringement. Part of that responsibility includes properly notifying each other with regard to alleged infringement. If a copyright owner or other party complaining of infringement fails to fully comply with the elements of notification […]
By: Mark R. Malek Another year has come and gone, and we are still here – I guess the Mayans got this one wrong! I am pleased to report that WM has experienced even more growth this year on both the civil litigation side of the firm as well as the intellectual property side of […]
Here is a story from one of our readers that we felt should be shared. Please enjoy. My sister used to work as a claim adjuster for CVS. As a claims adjuster, my sister learned a great deal about liability laws and on occasion would share her knowledge. On one such visit to the family […]
The Online Copyright Infringement Liability Limitation Act (OCILLA), passed in 1998 as Title II of the Digital Millennium Copyright Act (DMCA), preserves strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment. The DMCA notification procedures place the burden of […]
The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible for federal protection when a third party’s use of the mark dilutes the famous mark’s distinctiveness, even in the absence of competition, likelihood of confusion, mistake, or deception. Protection against dilution does not exist to […]
The other day I sat down to watch the classic 1947 movie, Miracle on 34th Street starring Natalie Wood, Maureen O’Hara, John Payne, and Edmund Gwenn. For those who haven’t seen this movie, it is an exceptional well acted film. It is just a warm, good hearted movie that leaves you feeling happy after watching […]
For songwriters, one of the greatest perks of copyrighting their work is the continuous flow of royalty checks. If Merv Griffin were still alive today he could attest to that. Merv Griffin wrote the recognizable music called “Think” which aired five days a week on the game show Jeopardy during the final jeopardy question. The […]
In England, there is a law referred to as the “Loser Pays” Rule. The law states that the losing party of a civil litigation case must pay the winning party’s legal fees. The English created this law to deter individuals and corporations from making frivolous claims and wasting the judicial system’s time and also the […]
