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February 2019 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.

Can a company claim its diversity data is a trade secret?

We have talked about trade secrets, a type of intellectual property that has no government process of registration like copyrights or trademarks. Yet, trade secrets can be highly valuable and important to the success of a business. A trade secret is specific information within a company that, if it became public or were discovered by another company, could have negative impact on the trade-secret owner's competitiveness and economic success.

US Copyright Office rulings on requests for dance copyrights

We recently posted a blog about three lawsuits alleging that the owner of Fortnite, the popular video game, violated copyrights in three dances reproduced in the game without permission or credit. As we described, dance choreography can be registered with the U.S. Copyright Office, but the copyright requirements for dance are complicated and significant.

Part 2: Court watchers speculate about Fourth Estate arguments

In this second part of our look at the January 8 oral argument before the U.S. Supreme Court in the case of Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, we will consider what legal professionals are surmising from the justices' questions and comments.

Part 1: High court hears argument in Fourth Estate copyright case

On January 8, the U.S. Supreme Court heard oral argument in the important copyright infringement case of Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC. We previously told readers about this dispute that will require the highest court to make a crucial interpretation of the U.S. Copyright Act.

Mold-A-Rama trademark owner files infringement suit

Many Americans have a distant childhood memory of the magical machines found at zoos, museums and amusement parks that created on the spot slightly-still-warm plastic souvenir animals and other figurines with seams down the backs where the two sides melded together.

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