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Social Media & Copyright: Know Your Rights

Every couple of years, we see social media users publishing long posts containing broad declarations of copyright with lots of legalese. We want to shout from the rooftop: STOP!  Those posters are not doing anything to preserve their intellectual property rights. They simply spread misinformation about the nature of copyright in the age of…

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Design Patent Damages: Clear as Mud

When the United States Supreme Court decided Apple v. Samsung on December 6, 2016, some criticized the Court as “bailing out” Samsung, a company that critics know for copycat antics and exploding phones. The decision marked the latest in a series of battles between the two smartphone magnates regarding Samsung’s…

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Holly Jolly IP Holiday

The weather turned colder, houses glow with lights, and while we may not have all the presents under the tree yet, the holiday parties are in full swing. Idle party chatter of IP lawyers at Christmas time often turns to issues of holiday trademarks and copyrights, so we thought we'd…

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Flummoxed By Fame – Well-Known Marks & Flanax

The “well-known marks” doctrine (also known as the “famous marks” doctrine), protects a trademark in a country where it has never been used, so long as the mark enjoys fame and renown sufficient to cross borders. We previously discussed the well-known marks principle and the fact that U.S. courts disagree about its application in…

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2016 Virginia Legal Elite Awardee, Antigone Peyton

Well, it's official. Cloudigy's Antigone Peyton has been named to the Virginia Legal Elite list for her work in Intellectual Property. Antigone was selected by her professional peers to be included in Virginia Business magazine’s 2016 Legal Elite, which was published in the December issue, and has been named among Virginia's Legal Elite…

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Is That Hashtag A #Trademark?

Hastags - a pound sign followed by a word or series of words with no space between - are ubiquitous on social media. People use them to spark and continue conversation about various topics on social media platforms. But can they be trademarked? #Trademark Applications Increasingly, companies are seeking to protect hashtags as…

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