Intellectual Property

In breaking news this month, the Supreme Court issued a ruling in a copyright case called the 4th Estate Publishing Company v. Wallstreet.com. If you’re interested in the case opinion, you can check it out here.  For the most part, this opinion is a conversation that...

This month Matt returned to speak with the Design Domination podcast, offering advice to graphic designers who do branding work for their clients. What do designers need to know about registering a trademark? Let’s dive in. The truth of the matter is that if graphic...

I want to talk briefly about the role of the U.S. Patent and Trademark Office (USPTO) once you have a registered trademark. A couple of weeks ago a friend of mine obtained a registered trademark (not through me for which we shall have words). While doing...

When an examining attorney is reviewing a trademark application at the U.S. Patent and Trademark Office (USPTO), they must determine whether or not a trademark application should be moving forward. The examination process is as much an art as it is a science. But, let’s...

One of the most common questions I get when discussing trademarks is when is an appropriate time to submit an application for a registration of a trademark. It is a good question that involves a number of factors. But the trademark office breaks things down...

Many small and creative businesses are interested in trademarking their business name or logo. While it may seem like a daunting task and does take some time (approximately six months without any bumps in the road), registering a trademark is something that can be done...

An interesting copyright case came across my desk recently that I need to stress is probably quite wrong and likely to get overturned on appeal. But nonetheless, the case presented the issue related to copyright and Fair Use. As background, whenever a claim of copyright...

For those of you reading this who are not from Maryland, our state has a unique flag and people are proud of the flag. Not unsurprisingly, quite a few businesses who are proud of their state, and not just Marylanders, want to incorporate their state...

One of my clients Colleen Gratzer hosts a podcast called Design Domination. Colleen asked me to help explain some legal matters related to design and the creative business. You can listen to our conversation or read the transcript (if that is your thing). Also, if you are in the...

In the world of marketing and brand building, there have been some iconic taglines that become famous trademarks. Just Do It! by Nike I'm Lovin' It by McDonald's Think Different by Apple All of these taglines have become synonymous with their company and brands, which is the goal of...