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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
By: Tyler Hampy As mentioned in my last post, this post will continue the discussion on the fair use doctrine. Specifically, this post will discuss whether parodies of copyrighted works can be considered fair use. To recap, the fair use doctrine permits the legal use of copyrighted material without first acquiring permission from the […]
