Generic Fair Use

... where pop culture meets intellectual property law

Day: November 8, 2015 (page 2 of 2)

Top Three Differences Between Copyrights and Trademarks

[originally published September 10, 2015 at www.law-dlc.com]

The term “intellectual property” is commonly used to describe creative works such as inventions, music, movies, art, technical know-how and other intangible products. Unfortunately, the various types of intellectual property can often be confusing or difficult to categorize. For example, it is not uncommon to see a reference to a word or slogan being “copyrighted” when in fact, the correct term of art is “trademark.” Likewise, I am often asked in my practice to help clients “patent” their business or trade name.

There are four major types of intellectual property (IP) rights: patents, trademarks, copyrights and trade secrets. Each category has unique characteristics that distinguish it from the other types of IP rights.

Accordingly, as a short-hand guide, here are some key differences between trademarks and copyrights under United States law.

Continue reading

Clearing Up a Public Misconception About the “Washington Redskins™”

[originally published September 10, 2015 at www.law-dlc.com]

The federally-registered trademark for the “Washington Redskins” has been under attack since 1992. On June 18, 2014, the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO) voted to cancel six marks held by the organization on grounds that “Redskins” was disparaging.

This vote was upheld on appeal on July 8, 2015 by the United States District Court for the Eastern District of Virginia. As of today, the federal registrations for “Washington Redskins” have been cancelled.

Continue reading

Newer posts »

© 2024 Generic Fair Use

Theme by Anders NorenUp ↑