- Posts by William BorchardCounsel
Bill advises on domestic and international trademark matters at the highest level. His practice consists of counseling clients and handling domestic and international trademark and copyright matters including clearance ...
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).
Traditional lawyer demand letters can backfire.
You want your lawyers to be strongly assertive when you believe that your trademark rights are being used in an infringing or generic way. But formal demands that the improper activity must cease have, on occasion, been posted to social media and ridiculed there, or have just been ineffective.
When a company decides to discontinue the primary use of a mark, the company nevertheless may wish to maintain its exclusive right to use that mark because the mark may continue to be associated with the company.
The exclusive right to use an arguably descriptive trademark or service mark can be strengthened by obtaining a federal trademark registration and by filing a declaration of incontestability, when available.
How you can identify a “merely informational matter” and what you can do if it is refused registration.
It is possible to register something other than a word, slogan or logo as a trademark in the U.S.
The rules for using intellectual property as collateral can be counter-intuitive.
The Community Trade Mark ("CTM") has had significant regulatory changes including, since March 23, 2016, being called the European Union Trade Mark ("EUTM").
Recipe protection is rare but possible.