Lawrence G. Townsend Intellectual Property Lawyer
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July 2018 Archives

News and Notes Focused on the 3 Public Faces of IP Law

  • Brand Image Protection - Trademark Law
  • Visual Image Protection - Copyright Law
  • Personal Image Protection - Right of Publicity Law

The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.

The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.

Another twist on copyright interests in graffiti art

We recently talked here about the emerging copyright question of whether graffiti can be protected creative work. In our previous post, we described a case in which a federal judge in New York decided that a graffiti artist did not have an infringement claim. Because the art was only displayed for a couple of seconds in the background of a scene in "Vinyl," a show involving Mick Jagger as a creator, the judge said the use was only de minimis, meaning so trivial and brief that it could not rise to the requirement that the use be "substantially similar" to the original work. 

Impact of technology on trade-secret security

In recent posts, we have been discussing the nature of trade secrets, the importance of nondisclosure policies and agreements with employees and business partners, and the remedies provided under California law for trade-secret misappropriation. One of the reasons these issues have quickly risen to the forefront of intellectual-property protection is the explosion of technological advances. 

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