Category: Kandis’ Posts

Name of the Game: When is it “Fair” to Use Someone Else’s Trademark?

Name of the Game: When is it “Fair” to Use Someone Else’s Trademark? Name of the Game: When is it “Fair” to Use Someone Else’s Trademark? • 2015 07 22 name game fair use tm kandis

Let’s say you’re a huge fan of Coca Cola. You grew up drinking their soda, you were one of their first Facebook fans, you collect Coke bottles from around the world, and now you’ve decided to use their trademark on your own fan site. Before you get started on the design for your new fan […]

Find Your Brand’s Trademark and Keep it, Too!

Find Your Brand’s Trademark and Keep it, Too! Find Your Brand's Trademark and Keep it, Too! • 2015 04 08 brands tm 01 kandis

Have you ever said to your attorney, “Oh, I know I should be thinking about my IP, but …?” Trademark attorneys hear this all the time: you’ve already fallen in love with your brand name, and neither hell nor high water will keep you from using it. Well, both hell and high water exist in […]

Power to the People: In Trademark Law, Consumer is King

Power to the People: In Trademark Law, Consumer is King Power to the People: In Trademark Law, Consumer is King • 2015 02 24 Hana TM Tacking Kandis

The Supreme Court recently ruled in Hana Financial, Inc. v. Hana Bank that the relatively little-known trademark concept of “tacking” is a factual issue that should be decided by a jury, not a legal question for the judge. While the decision may seem unremarkable, it has important implications for your brand protection. A little background: […]

Navigating the Rough Waters of Online Theft

Navigating the Rough Waters of Online Theft Navigating the Rough Waters of Online Theft • shutterstock 127179734

Online content theft is rampant, which is why it’s important to know some of the ins and outs of digital copyright infringement. Whoa, boy. It happened: Someone ripped you off. Stole your stuff lock, stock and barrel. Maybe they even had the audacity to tweak it a bit, hoping you wouldn’t recognize it.But you found out, and now you’re mad. And for good reason: It’s yours, and you should be fierce about defending what you create.

What You Need to Know Before Sharing Photos and Videos Online

What You Need to Know Before Sharing Photos and Videos Online What You Need to Know Before Sharing Photos and Videos Online • 2014 09 30 OPEN Forum Photos Videos

You might be sharing stolen content on Facebook and other online outlets without even knowing it. Here’s how to spot stolen content and then share stuff without stealing it. As of late, Facebook has become the go-to destination for copyright infringement when it comes to videos and images. All you have to do is check your timeline, and you’ll see account after account sharing copies of videos uploaded directly to Facebook, created by using software to screen capture the original YouTube or Vimeo-hosted videos.

Sharing Without Stealing: A Simple Guide to Online Copyrights

Sharing Without Stealing: A Simple Guide to Online Copyrights Sharing Without Stealing: A Simple Guide to Online Copyrights • 2014 09 23 OPEN Forum Copyright

Internet content isn’t all free, and not everything is yours for the taking just because you found it online. Get the legal facts about 5 common copyright myths. Stealing is just plain lazy. And when you steal someone else’s content, you’re telling the world you’re above the law. You’re saying that a picture you found online of a sofa drawn by an illustrator is of less value than the sofa in your very own living room—the sofa you paid for and would be downright angry about should you come home and find it missing.