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In The Freezer Section: A Lesson in Trademarks

In The Freezer Section: A Lesson in Trademarks

At the risk of becoming known as the attorney who only blogs about ice cream-related IP, I want to bring your attention to a pending case in the Western District of Texas. There, Amy’s Ice Creams, Inc. and Amy’s Kitchen, Inc. are embroiled in a trademark dispute that is headed

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Navigating the Rough Waters of Online Theft

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.

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Home • 2014 09 30 OPEN Forum Photos Videos

What You Need to Know Before Sharing Photos and Videos Online

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.

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Home • 2014 09 23 OPEN Forum Copyright

Sharing Without Stealing: A Simple Guide to Online Copyrights

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.

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Home • 2014 09 19 Seeing Colors TM Shoes Antigone

Seeing Colors: Who Said Color Trademarks Have No Sole?

Did you know that colors can be trademarks? Color may be protectable as a trademark when it has attained “secondary meaning” among consumers (i.e., it conveys more than just color) and distinguishes a particular brand. However, color may not be protected as a trademark when it is used in a

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In the Game of Global Trademarks, Don’t Lose Your Underwear

We’ve written before about soccer-based trademark issues, and here we go again. This time, it’s not about FIFA but one of international soccer’s star players: Cristiano Ronaldo. Who Owns the Number Seven? Ronaldo wears number seven on his Real Madrid and Portuguese National Team jerseys and thus has earned the

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Home • 2014 07 31 Copyright Superheros Kandis

Will Comic Book Superheroes Save Copyright?

Things may be looking up for authors and comic book fans due to a provision of U.S. copyright law that is little known among the public at large. The U.S. Supreme Court is currently considering whether it will review the case of Lisa Kirby v. Marvel Characters. In the Kirby

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