Intellectual Property

Trademark Fair Use In Artistic Works

Trademark Fair Use In Artistic Works

Art imitates life, it’s said, but this creates interesting legal tensions when the life being imitated is crowded with commercials. Marketing experts estimate that the average American is exposed to thousands, if not tens of thousands, of brand logos and advertisements each day. It is not surprising, then, that film makers, artists, musicians, and authors often want to use trademarks

Read More »
Amazon

The Amazon Trademark Race. Who Wins?

We have written several times about counterfeit products being sold on Amazon. The Amazon selling platform welcomes all sellers and buyers. As a result, it has become so vast that control, much less elimination, of counterfeits seems to be an unreachable goal. In 2017, Amazon sales were reported to be almost 178 billion dollars through more than two million sellers.

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Minnesota: Purple Rain / Purple Pain

In our lifetimes, violet hues have become synonymous with the state of Minnesota. Much of that has to do with the 1961 arrival of the Minnesota Vikings on the local sports scene and the popularity of the purple & gold NFL franchise. However, the work-product and predilections of Prince Rogers Nelson for all things purple has cemented that color as

Read More »
copyright

Fight Fakes and Defend Your Client’s Profit!

For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such

Read More »
IP

The Internet Business: IP 101

Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in

Read More »
Whiskey

The Ups and Downs of American Whiskey Laws

American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress

Read More »
patent

Maximize the Damages: The Virtues of Virtual Patent Marking

We’ve written about “patent marking” before, but it is very important for patent owners. We previously noted a change in U.S. law that provided a new manner for marking a product with a patent number. This new scheme provides a great solution to problems that many manufacturers faced in effectively marking their products with patent numbers. However, it seems to

Read More »
mail

Spurious IP Snail Mail

Electronic filing. The paperless of- fice. A few years ago, such notions were futuristic aspirations, but we are all living there now. A digital state of affairs is today’s reality. Minnesota and federal court filings and written communications (including court orders) are pretty much exclusively handled electronically. You can file your IRS and state income tax returns electronically, saving many

Read More »
amazon

Game of Clones: Amazon Style

Amazon’s Marketplace According to a Jan. 12, 2017, Forbes article, Amazon has moved past Walmart as the most valuable retailer in the United States. The Seattle Times (May 31, 2016) reported that more than two million merchants were selling their goods through Amazon. It has also been reported that it is more profitable for Amazon to handle sales and logistics

Read More »
patent pending

“Patent Pending” – Is It Real or Fake News?

Your client wants to introduce a new product, but a competitor’s similar product is promoted as “Patent Pending.” What’s the legal effect of that marking? Does this mean your client should forget about pursuing its proposed new product? To sort this out, you first must know what it means to own an issued patent. A U.S. patent is a bundle

Read More »
Trademark Fair Use In Artistic Works

Trademark Fair Use In Artistic Works

Art imitates life, it’s said, but this creates interesting legal tensions when the life being imitated is crowded with commercials. Marketing experts estimate that the average American is exposed to thousands, if not tens of thousands, of brand logos and advertisements each day. It is not surprising, then, that film makers, artists, musicians, and authors often want to use trademarks

Read More »
Amazon

The Amazon Trademark Race. Who Wins?

We have written several times about counterfeit products being sold on Amazon. The Amazon selling platform welcomes all sellers and buyers. As a result, it has become so vast that control, much less elimination, of counterfeits seems to be an unreachable goal. In 2017, Amazon sales were reported to be almost 178 billion dollars through more than two million sellers.

Read More »

Minnesota: Purple Rain / Purple Pain

In our lifetimes, violet hues have become synonymous with the state of Minnesota. Much of that has to do with the 1961 arrival of the Minnesota Vikings on the local sports scene and the popularity of the purple & gold NFL franchise. However, the work-product and predilections of Prince Rogers Nelson for all things purple has cemented that color as

Read More »
copyright

Fight Fakes and Defend Your Client’s Profit!

For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such

Read More »
IP

The Internet Business: IP 101

Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in

Read More »
Whiskey

The Ups and Downs of American Whiskey Laws

American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress

Read More »
patent

Maximize the Damages: The Virtues of Virtual Patent Marking

We’ve written about “patent marking” before, but it is very important for patent owners. We previously noted a change in U.S. law that provided a new manner for marking a product with a patent number. This new scheme provides a great solution to problems that many manufacturers faced in effectively marking their products with patent numbers. However, it seems to

Read More »
mail

Spurious IP Snail Mail

Electronic filing. The paperless of- fice. A few years ago, such notions were futuristic aspirations, but we are all living there now. A digital state of affairs is today’s reality. Minnesota and federal court filings and written communications (including court orders) are pretty much exclusively handled electronically. You can file your IRS and state income tax returns electronically, saving many

Read More »
amazon

Game of Clones: Amazon Style

Amazon’s Marketplace According to a Jan. 12, 2017, Forbes article, Amazon has moved past Walmart as the most valuable retailer in the United States. The Seattle Times (May 31, 2016) reported that more than two million merchants were selling their goods through Amazon. It has also been reported that it is more profitable for Amazon to handle sales and logistics

Read More »
patent pending

“Patent Pending” – Is It Real or Fake News?

Your client wants to introduce a new product, but a competitor’s similar product is promoted as “Patent Pending.” What’s the legal effect of that marking? Does this mean your client should forget about pursuing its proposed new product? To sort this out, you first must know what it means to own an issued patent. A U.S. patent is a bundle

Read More »

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