Copyright Alternative in Small-Claims Enforcement: The Real Version of the “Poor Man’s Copyright”
In December of 2020, the Copyright Alternative in Small-Claims Enforcement (“CASE”) Act was signed into law. The CASE Act authorized the Copyright Office to create the Copyright Claims Board (“CCB”) —a voluntary, alternative forum to federal courts for resolving copyright disputes, seeking less than $30,000 in damages (so-called “small claims”). While federal court litigation certainly […]
Losing Your Trademark Rights
How do you make sure the time and expense you just went through to get your trademark registered in the first place doesn’t go down the drain? What do you need to know to avoid losing your trademark rights?
Innocent Infringement: Responding to Copyright Infringement Cease and Desist Letters
Innocent infringement is a common, though misunderstood, response when your business or nonprofit is accused of copyright infringement. Perhaps you’ve received a cease and desist letter demanding what seems like an exorbitant fee because of a picture posted on your website or music used in a social media campaign. Maybe you’ve even responded to the […]
How to Trademark Your Business Name in 5 Simple Steps from Start to Completion
When most people start a business, they tend to put off legal issues until other things have been dealt with. Business owners know that legal issues will require the services of a lawyer, which can be both expensive and intimidating. But the truth is that some legal issues regarding your new business should be dealt […]
Trademark Modernization Act: A Renewed Emphasis on Use
Trademark Modernization Act of 2020Buried in the last round of COVID relief legislation were some major changes in the area of intellectual property law that will impact both trademarks and copyrights. This week we’re reviewing the Trademark Modernization Act of 2020 and how it might impact small businesses in particular. The Trademark Modernization Act of 2020 (TMA) […]
What is Trademark Infringement?
Trademark infringement is the unauthorized use of a trademark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. But what does this mean for your small business? How can you avoid receiving a nasty cease and desist […]
Protecting Your Unregistered Trademarks
We’ve talked before about the importance of conducting a thorough trademark search before launching a brand name or logo or slogan. You might be surprised to learn about similar trademarks that are already in use. You might learn that your proposed trademark would be considered relatively weak. Even if trademark registration simply isn’t in the budget yet […]
Why Your Business Website Must Have a Privacy Policy
If your business has a web presence (and in the 21st century, you really should), then you probably need a privacy policy on your website. Several relatively recent laws require business websites to post a privacy policy, but these laws aren’t universal in their applicability, especially when it comes to small businesses. Complicating matters, this area of the law is developing and changing rapidly.
Copyright Infringement
Too many small business owners assume that just because something is on the internet, it must be free to use. For example, have you ever: Copyright infringement occurs anytime you use someone else’s work without their permission. Copyright law imposes strict liability on all instances of copyright infringement. This means your intent doesn’t matter, and acknowledging […]
What to Trademark First: Name or Logo?
When you are working hard to build a brand, it’s easy to say “just trademark everything…name, multiple logos, slogans.” And in a perfect world, you should trademark every aspect of your brand. But in the real world, trademark registrations are not cheap, especially on a start-up budget. And multiple trademark registrations won’t matter if you aren’t also […]
