The rise of artificial intelligence (AI) has implications for intellectual property (IP) law, as qualifications for copyright protection are still unclear for AI-generated art and visual artists navigate the applicability of the fair use doctrine by AI companies.
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Insights into Intellectual Property Rights & Business Formation
Intellectual Property (IP) plays a significant role in creating value for a business. IP can provide a business with protection for its innovations, competitive advantages and brand recognition in a market, and licensing and monetization opportunities.
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It is important to understand the enforcement options and remedies that are available for trademark infringement - it can help a trademark owner determine the best course of action to take in enforcing their rights and protecting their brand identity.
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First, to have trademark rights, you must have a protectable trademark (or “mark”, for short). The Lanham Act governs federal trademark protection in the United States. It provides that trademarks protect “any word, name, symbol or device or combination thereof used by a person, or the person has a bona fide intention to use in commerce.” There is also common-law trademark protection, which doesn’t require registration.
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Copyright infringement remedies include Injunctions, Damages, Impoundment of Infringing Goods, and Attorney Fee Awards. However, a copyright must be registered with the Copyright Office before the copyright holder can file any type of copyright infringement suit in court.
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Developing case-law, including the SMART Copyright Act of 2022 and Andy Warhol v. Goldsmith, is shifting the landscape of specific areas of copyright law. Here’s a quick guide to copyright law since the original Copyright Act of 1976.
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The Supreme Court is set to hear oral arguments in the first copyright fair use case regarding visual art to hit the Court in decades. Copyright lawyers are paying attention. Whatever the decision, Andy Warhol Foundation v. Goldsmith will be a landmark case for copyright law.
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With the ever-shifting copyright law landscape it is important to understand which creative works are in the public domain, as mistakenly using works that are protected by copyright law could lead to potential copyright infringement.
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Whether you are a digital content creator, social media influencer, or a small business that uses social media to gain clients and customers, intellectual property (“IP”) is something we all create, encounter, and need to be aware of on social media.
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A copyright is the legal authority from the United States Constitution to alter, perform, reproduce, and sell a specific, original idea when used in a particular context for a set amount of time. Copyright is one of the four main types of intellectual property (or “IP”), along with patents, trademarks, and trade secrets.
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There are three different trademark symbols, each with their own individual meaning and use: ®, ™, and SM. It is important to understand the differences, in order to ensure their proper use.
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The four main types of intellectual property are copyright, patents, trademarks, and trade secrets. Each has its own definition and method of acquisition.
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Small businesses often are faced with a lack of capital and governmental assistance. With the persistence of COVID-19, small business owners, and especially socially/economically disadvantaged entrepreneurs, should be aware of the resources available to them through the government.
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Some of the most important factors to keep in mind when selecting a business entity type are tax treatment, operational and organizational flexibility, limits on ownership, and whether you will seek to raise capital.
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Save yourself from the common pitfalls of trademark searching and implementation. In this article, we explain the insider knowledge you need to navigate your trademark protections.
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Learn what you should do after you discover a potential infringer from a trademark monitoring service or another source.
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Learn the ins and outs of monitoring and enforcing your federal trademark here.
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Get the details about confidentiality and non-compete clauses as well as how these contract clauses can protect your business.
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The Copyright Alternative in Small-Claims Enforcement (“CASE”) Act was recently signed into law by Congress and creates a new court for efficiently resolving small copyright claims in the United States. This article will discuss why this court was created, how it works, and what it means for your business.
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