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There are several critical questions you should ask your trademark lawyer before hiring their services. In this podcast Erik shares some of these important questions. Listen and avoid some of the key mistakes. The post Questions to Ask Your Trademark Lawyer appeared first on Erik M Pelton & Associates, PLLC. There are several critical questions you should ask your trademark lawyer before hiring their services.
Dear Rich: I'm really hoping you can answer my question. I'm in the process of publishing a book that will contain lots of images, mostly of artworks by one artist in particular. The artist is French, I am British, and my publisher is based in the U.S. The artist died over 70 years ago, and in Britain and Europe, his works are out of copyright. But in the U.S., there's a copyright extension on the works.
Among the many varieties of Intellectual Property, software certainly stands out as one of the most challenging types of creations to protect. This is true in numerous countries, but especially in the United States. Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Copyrighting, meanwhile, only offers partial coverage for the exact source code, while other types of IP protection simply do not apply.
In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. The artwork, titled Jarragini (buffalo), is by Indigenous artist Chris Black who works with the Jilamara Arts and Crafts Association ( Jilamara ) and was born in the Milkapti Community in the Tiwi Islands.
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Each time I go to a legal conference or a business conference, one of the biggest topics people are buzzing about is artificial intelligence, and how it might transform the way that a particular career or job or role or industry operates. There’s been quite a lot of chatter, over the last few years, about how AI might affect trademark practice and trademark law and all different types of legal industries.
The Québec Court refuses to force Costco to disclose where it obtained genuine goods but offers a practical solution to track down the source of the goods. Grey marketing typically consists of a retailer purchasing genuine branded products abroad for less than offered to them from a local distributor. Grey marketing is generally problematic for international brand owners, who may end up competing against their own products thereby losing control of how the brand is represented to customers.
The Québec Court refuses to force Costco to disclose where it obtained genuine goods but offers a practical solution to track down the source of the goods. Grey marketing typically consists of a retailer purchasing genuine branded products abroad for less than offered to them from a local distributor. Grey marketing is generally problematic for international brand owners, who may end up competing against their own products thereby losing control of how the brand is represented to customers.
A letter of protest for a trademark application is actually a way for a 3rd party to attempt and block a trademark application. In this video, Erik explains what a “Letter of Protest” is and how and why to use one. Here is a sample Letter of Protest: [link]. And an older blog post with more on the subject: Anatomy of a 'Letter of Protest' to Trademark Application.
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