dunnerlaw advisory – Page 2 – Dunner Law PLLC

Jan 13 | 2016

“Happy Birthday To You” and the Digital Black Hole

When independent filmmaker John Smith decided to make a documentary about the history of jazz in New Orleans, Louisiana, he never anticipated that his inability to track down the creators of the songs in the documentary would hinder its publication.…

Oct 08 | 2015

Getting Caught with your Pants Down: The Embarrassment of Naked Licensing

You know that dream where you find yourself in front of a crowd in nothing more than your underwear? For trademark owners there is a real-life nightmare known as “naked licensing,” and its consequences are more serious than waking up…

Sep 03 | 2015

Doing Business Abroad? Make Sure to Safeguard Your IP First

For any company conducting business abroad or thinking of doing so, this post is for you. Imagine this scenario: You want to sell your products in foreign markets. Eager to explore opportunities in Asia, you put your team to work…

May 28 | 2015

Top Trademark Filing Tips for Foreign Applicants

The United States Patent and Trademark Office (“PTO”) is an obvious forum for foreign trademark owners looking to protect their trademarks. There are, however, many key differences between the legal and procedural landscapes for trademarks in the U.S. and foreign…

Apr 29 | 2015

Using Without Asking: Applying Copyright Law to Online Educational Course Materials

It is commonplace nowadays for universities to utilize online course delivery or university-supported Course Management Systems to engage with students. U.S. Copyright law includes provisions specifically for teachers so that under certain circumstances, they can use copyrightable works of others…

Mar 21 | 2015

Who Owns the Academic Work? Copyright Considerations in the University Context

In the university world, academic works carry substantial value. It comes as no surprise then that ownership of these works is a hotly debated issue between university administrators and faculty members. The debate boils down to the desire to own…

Mar 03 | 2015

One Step Closer to a 21st Century Copyright Office – The House Judiciary Committee Hearing on Copyright Reform

On Thursday, February 26, 2015, Lisa Dunner, in her capacity as Chair of the ABA Section of Intellectual Property Law, testified before the House Judiciary Committee at a hearing entitled “The U.S. Copyright Office: Its Functions and Resources.” As copyright…

Jan 12 | 2015

Cracking Down on Counterfeits – How Trademark Owners Can Protect Themselves from Sellers of Counterfeit Products

Trademark owners worldwide invest substantial resources to build up the goodwill of their brands, and the success of trademark owners often hinges on consumers associating their brands with high quality products. As the digital marketplace continues to develop, even the…

Dec 22 | 2014

Trade Secret Liability for the Sony Hacks

In the wake of one of the most devastating corporate hacks in history, Sony Pictures Entertainment (“SPE”) has been forced to watch a torrent of secret documents, lurid exchanges, and employees’ personal information flood the far reaches of the internet.…

Dec 10 | 2014

USPTO: “Pre-sales” Not Enough to Show Use for Trademark Registration

In a recent update to the U.S. Patent and Trademark Office’s (“USPTO”) Trademark Manual of Examining Procedure (“TMEP”), the USPTO noted and clarified its position on whether “pre-sales” of goods or services constitute trademark use. The USPTO stated that a…