IP – Page 2 – Dunner Law PLLC

Sep 14 | 2018

Power-Up Your Mark: Depiction, Marking and Consistency

Given competing demands, consumers must immediately recognize and perceive a trademark. Selecting and clearing a trademark are crucial, but neither guarantees consumer recognition nor perception. Standards for depicting, marking and using a trademark are therefore important. The strength of a…

Mar 28 | 2017

The Rise of Copyright Trolls

Unlike the well-known patent trolls, “copyright trolls” have received comparatively less attention in Congress and in the media. A copyright troll is a business with the principal purpose of enforcing copyrights for which it has only a limited ownership interest.…

Jan 31 | 2017

The Band Who Must Not Be Named: Can Racially Offensive Trademarks Be Federally Protected?

When Simon Tam filed a trademark application for his Portland-based rock ‘n’ roll band, THE SLANTS, little did he know that he would spark an epic trademark battle that would lead him all the way to the U.S. Supreme Court.…

Nov 09 | 2016

Domain Name Dispute Options

It is difficult to overestimate the value of a good domain name. Not only do domain names act as a key way for customers and other interested parties to reach your business online, but they oftentimes reflect the valuable trademarks…

Aug 30 | 2016

New Federal Trade Secret Law Has Potential to Affect All Employers

Remember the old adage “knowledge is power”? That phrase certainly applies to the valuable type of intellectual property known as trade secrets. If you have information that creates a competitive advantage – everything from the famous Coca-Cola formula to customer…

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…

Aug 27 | 2015

Fried Chicken and the Limits of Copyright Protection

You cannot copyright a chicken sandwich. If that seems obvious, it should be. So it is all the more surprising that a panel of three federal appellate judges needed to reiterate that point in a recent First Circuit decision. Nevertheless,…

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…