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Influencer marketing may bring your brand viral attention, but the strategy also may expose you to legal risk. Now is the time to implement best practices for influencer marketing programs.

You normally should take affirmative steps to satisfy the requirements for filing an intent to use trademark application.

Whether a licensee is precluded (legally called an “estoppel”) from challenging the validity or enforceability of the intellectual property rights licensed to it will depend on whether those rights are patents, trademarks, trade secrets or copyrights, and in some cases whether the license agreement has a no-contest provision.

Inaccurate information in a copyright application, though sometimes correctable, may end up costing a pretty penny.

A logo can be covered by both copyright and trademark rights.  If you commission an independent contractor to design a logo for your use, ownership of those rights may vary because there are differences between the copyright law and the trademark law in the United States.

Posted in Trademarks

You can preserve rights in a registered trademark if the mark’s non-use is beyond your control, and you have documented the specific steps you have taken to arrange for its use in the near future.

Posted in Trademarks

A non-U.S. applicant cannot use the Madrid Protocol to register a merely descriptive English word (or its foreign-language equivalent) as a trademark in the United States.  But another strategy may be available.

The Trademark Trial and Appeal Board  has decided a ”threshold legal issue” as to the registrability of a multiple color mark for product packaging.

Posted in Copyrights

Significant personal rights of attribution and integrity—distinct from rights under copyright—apply to some visual works of fine art. 

These are known as “moral rights” and they originated in France and Germany in the 18th Century.  In the United States, these rights were recognized to some extent in various state and common law causes of action as well as in statutes enacted in California (in 1970) and in New York (in 1984).  In 1990, they were codified under federal law in the Visual Artists Rights Act (VARA).


Tags: Rights
Posted in Trademarks
How you should use a registered trademark or service mark

So you’ve gone through the process of registering your trademark or service mark.  Now what should you do? 

Here are some guidelines on how to use your registered mark to best legal advantage.

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