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Low barriers to entry in certain businesses breed rapid response and quick-to-market products that capitalize on “in the moment” mania.  Often the in-the-moment-mania products derive from long standing famous trademarks owned by aggressive trademark enforcers.  Buyers should be beware of these types of aggressive trademark enforcers prior to making costly investments. Here is a hint.…

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“The previous play is under review.” San Francisco 49er’s quarterback Colin Kaepernick is the latest on a long list of celebrities and sports figures to turn to trademark law in the effort to protect something believed to be rightfully theirs. These efforts are sometimes fleeting, and they often bring the ire of fans. However, the…

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A familiar question dependably re-emerges at about this time each year. It essentially asks “can I get in copyright trouble for having a Super Bowl party with a big screen TV?” This post gives you some ground rules in order to spare everyone from the possibility of being arrested by the copyright police .  (Disclaimer:…

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On January 10, 2013, the United States District Court, N.D. California, San Jose Division entered a permanent injunction against a patent-infringing defendant in BROCADE COMMUNICATIONS SYSTEMS, INC. v. A10 NETWORKS, INC., Dist. Court, ND California 2013 – Google Scholar. The ruling restrained the defendant and parties in active concert with it from “making, using, selling, or…

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Companies sometimes pay large sums of money to independent contractors to create a custom software program and mistakenly assume that they own the result. Many companies have valuable intellectual property developed within their business, one of which is rights in copyrighted materials. Copyrights do not involve just novels and artwork; they can include software programs,…

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In a recent ruling, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office denied Apple a trademark on its iTunes musical note icon.  Trademark judges said that consumers might confuse the orange Apple icon with MySpace’s previously registered orange musical note trademark in connection with music services.  Despite Apple’s argument…

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