Philosophy is a tricky thing. The questions wrestled with often seem simple, but a deeper dive into an issue shows the complications. One example is the famous question, if a tree falls in the woods and no one is there to hear it, does it make a sound? Another that...
Year: 2017
Is scope of publicity rights being put to the test in Ali case?
Even if you aren't a boxing fan, you likely know who is being talked about when the words, "I am the greatest" are heard. Heavyweight legend Muhammad Ali is the man identified with that phrase, even 40 years after he first uttered the words. Ali died last year.Ali...
Comic convention lawsuit: ‘Genericide’ in action?
In our last post, we explored the issue of "genericide." As we discussed, the genericization of a product or a brand is something that attentive business people want to avoid. The risk is that if a trademark isn't defended and the product or service it's associated...
How can I avoid the hazards of ‘genericide’?
Some readers with receding hairlines or graying tresses will remember the age of generic products. Back in the 1980s, goods from bleach to spaghetti noodles started appearing in grocery stores. They stood out for what they lacked - specifically colorful labels,...
4 ways startup founders can prevent trade secret lawsuits
4 ways startup founders can prevent trade secret lawsuitsLawsuits from an old employer can add up to expensive legal problems for a new business owner. Many startup founders face accusations from their old employers, claiming that they stole trade secrets. Startup...
Legal options exist for seeking trade secret protection
In May of this year, the country marked the first anniversary of the enactment of the Defend Trade Secrets Act. The intent of the measure was to give companies an expanded menu of ways to protect their secrets against misappropriation by opening the door to federal...
Key issues with licensing artwork
There is art for art's sake, and there is art that has marketable value. If you are a creator with a desire to monetize your creations, finding ways to do it and protect your intellectual property rights at the same time can be frustrating. Navigating the choppy...
What is a work made for hire and why should I care?
Copyright law is not as simple a matter as it was before the digital age. With the arrival of the internet and the explosion of social media outlets, the possibility of copyright infringement is greater than it has ever been, and the need for copyright protection is...
“Fair use” doctrine raised in Dr. Phil Show copyright infringement case
Many of our readers are familiar with the television personality, Dr. Phil McGraw, the celebrity psychologist known for his no-nonsense and sometimes hard-line approach to personal, interpersonal and psychological problems. Dr. Phil may have celebrity status, but he...
Right of publicity waiver: looking at the issue of consent, P.2
Previously, we began looking at the topic of consent in the context of the right of publicity. As we noted, individuals may waive their publicity rights, allowing another party to make use of their image for commercial purposes.Again, consent is not a universal...