Lawrence G. Townsend Intellectual Property Lawyer
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November 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.

Licensing creative artwork

In the context of artwork, licenses are contracts in which artists grant to other parties -- often manufacturers -- the legal right to use their copyrighted creative works in exchange for flat fees or royalties based on a percentage of sales, sometimes with advances up front.  

Presidential tweet criticized for ... trademark misuse?

Some are still having a hard time accepting President Trump's use of Twitter to announce government policy or to express his personal or political opinions. One of his recent tweets, however, raised trademark issues when he modified the line "Winter is Coming" from the wildly popular HBO series "Game of Thrones." 

When is a moving logo or image protectable as a trademark?

At our Northern California law firm, we represent people and businesses seeking trademark protections for their unique branding strategies, including words, phrases and logos used to identify their goods or services. While usually this brings to mind product names or unique logos, we have talked here before about less common types of trademarks granted for color, sound and scent associated with particular products or services. 

Texas judge upholds large jury award in trade-secret case

Keeping trade secrets just that -- secret -- can make or break the success of a company. We have written in this space extensively about ways to keep a business's trade secrets safely away from the public or from competitors. One of those is to write ironclad nondisclosure provisions in contracts with other businesses when the commercial relationship could reveal the details of internal processes to those business partners. 

Intellectual property rights in the restaurant industry

At our San Francisco law firm, we advise California clients in the restaurant industry like owners and chefs about how to protect their valuable intellectual property. After all, food professionals invest significant creativity as well as money into their livelihoods. 

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