Does Facebook have the right to use your photos without your permission? Are your intellectual property rights over personal photos and videos forfeited when posted to Facebook? I am going to address both of these questions separately. Let us start with the first question. Can Facebook use your photos without your consent? No. Facebook does […]
Do movie makers need to obtain permission to use all brand products in their movies? The answer is no, but it is recommended. The rule is a product can be used within a movie without permission as long as the product is being used as was intended by the manufacturers without negatively defaming the product […]
By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
We know the holiday season is over but we just couldn’t help but pass this one along regarding a holiday T.V. classic. It was the night before Christmas and all through the house, not a creature was stirring because we were all intently watching the Warner Bros’ 1983 movie, A Christmas Story, on the television. […]
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 […]
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 U.S. Patent and Trademark Office is warning owners of patent and trademark registrations to be cautious when it comes to solicitations received in the mail. The USPTO has received numerous complaints from patent and trademark owners regarding solicitations that are deceptive and request that money be sent to them to monitor the maintenance of […]
What is a company trademark? “A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.” – defined by dictionary.com. There are many different types of distinctive marks […]
In 1955, a 65 year old man wearing a white suit to match his white hair and goatee took $105 out his social security to start franchising his fried chicken recipe. Less than ten years later, he had 600 franchisee restaurants selling his famous Kentucky Fried Chicken. This man was the legendary Colonel Harland Sanders. […]
