Intellectual Property -- Internet, licensing, trademarks, copyrights, advertising, social media, etc.

Baltimore, MD
Joined May 2011
Be certain to know if the company owns the intellectual property an employee creates. Different types of #IP are treated differently if there is no assignment. bit.ly/45Yezus #IPTechknowledgy #hiredtoinvent #shoprights #workmadeforhire #trademark #copyright @IPNed
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#SCOTUS rules 1st Amendment does not trump #trademark registration prohibition on using another’s name. Justices diverge on what matters most as support. bit.ly/3xBn6H0 #Elster #USPTO #namesclause #historyandtradition #trumptoosmall #IPTechknowledgy @IPNed
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Assume #livestream #video is protected by #copyright and assume you cannot copy or reuse it without permission. It may be possible that the video is not protectable, or you have a fair use. bit.ly/3VFRqcQ #IPTechknowledgy @IPNed
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This is my favorite name of a case, and an important nuance in trademark protection,
Under the Dawn Donut Rule, a #trademark registrant can only exercise rights in territories where it operates, or plans to operate. Owners should realize their federal rights may not cover the entire country. lnkd.in/gqwKfu_k #IPTechknowledgy #dawndonut #infringement #IPNed
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#SCOTUS rules that #copyright #damages are no longer limited to three years. This may seem like good news for plaintiffs, but the case may ultimately have little impact. bit.ly/3yojxnN #IPTechknowledgy #WarnerChappell #Nealy #17usc507#b @IPNed
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Initial court rulings on artificial intelligence programs are not immediately finding that #AI #infringes on the materials used to train their knowledge base. bit.ly/3Unawm3 #IPTechknowledgy #artificalintelligence #copyright #infringement @IPNed
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In #copyright infringement cases, a successful defendant could obtain attorney’s fees from plaintiff. Defendants could use this as leverage against an oppressive plaintiff. bit.ly/3JmzjBV #IPTechknowledgy #copyrights #attorneysfees #Fogerty @IPNed
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There are options for how to register #trademarks outside the US: through the# USPTO or hire local counsel. bit.ly/3J4Yh8x #IPTechknowledgy #MadridProtocol #wipo @IPNed
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Be aware of the intellectual property law implications of the more permanent migration from #seminars to #webinars. bit.ly/3vnPmvH #IPTechknowledgy #trademarks #copyrights @IPNed
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Data is likely a component of most every #transaction. Be exacting in how the #agreement deals with the ownership and use of #data. bit.ly/49ZDBKC #IPTechknowledgy @IPNed
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Right of publicity may (or may not) be considered Intellectual Property under Section 230. Takedown notices and liability for website publication depend on state law and choice of venue. bit.ly/3OS1fkc #rightofpublicity #Section230 #NIL #CDA #IPTechknowledgy @IPNed
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Trademark owners should always use a #trademark as the #brand of the product or service, and not to describe an aspect of the offering or as its generic name. Careless usage could weaken the mark. bit.ly/3Ic8obr #generic #descriptive #genericide #IPTechknowledgy @IPNed
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Damages under the MD Uniform Trade Secrets Act are available in excess of a liquidated damages limit in the parties’ non-competition agreement. bit.ly/3UeGZNg #IPTechknowledgy #MUSTA #tradesecrets #liquidateddamages
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It’s the #playoffs! Be careful using your team’s #logo or other #trademarks for your own business purposes. Don’t use a player’s #name, #image or #likeness without permission. Go #Ravens! bit.ly/47wu4ZY #IPTechknowledgy #LamarJackson #MVP #OBJ #NFL #NIL @IPNed
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The core of Intellectual Property: you cannot protect mere ideas. You can protect how you implement the idea.
Under Intellectual Property law you can’t protect a mere idea or concept. You can protect the more specific aspects and applications of that idea. bit.ly/4atLc5j #copyright #idea #expression #trademark #affix #patent #conceive #tradesecret #IPTechknowledgy @IPNed
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When #collaborating on #creating new Intellectual Property, focus on the seemingly backwards concept of whether the new IP needs to be licensed back to the developer-creator-inventor. bit.ly/3tjydCl #IPTechknowledgy #IP #intellectualproperty #license @IPNed
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This is a generational change in the important process of trademark clearance searches.
Today the #USPTO revamped its #trademark search interface. The switch is a reminder that trademark #clearance searches help reduce future #infringement. tinyurl.com/mkeeu7xm #IPTechknowledgy #TESS #trademarksearch @IPNed
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Without an agreement otherwise, the hired #photographer owns the #copyright of pictures taken at an event, not the hiring party or host. tinyurl.com/mrxw8sua #IPTechknowledgy #workmadeforhire #infringement #mollygetsgiddy @IPNed
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There are various ways to stop online attacks of a business, although success depends on what is said, and the platform where it is posted. bit.ly/49lnOGA #onlineattacks #defamation #communitystandards #IPTechknowledgy @IPNed
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#Trademark registrations can be amended to reflect how goods or services are delivered, but only in situations when the #technology of the delivery method has evolved. bit.ly/3S9DRB1#IPTechknowled… #trademarks #USPTO #petitiontocommissioner @IPNed
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