Doug Isenberg’s GigaLaw is one of the great resources for intellectual property attorneys to keep on top of domain name dispute data. He publishes a quarterly digest of data on domain name disputes. Gigalaw’s 2023 digest for quarter three has a few things to note. First, filings jumped 18 percent in quarter three. Second, nearly…
In June, we published a blog article about auto-renewals in e-commerce. Since then, Jonathan Phillips has fleshed out the topic and submitted it to the Illinois State Bar Association for publishing. The Intellectual Property Section Council just published an article on auto-renewals and related topics with Jonathan’s co-authors Steven Baron and Leah Hall. The article,…
building exterior trademark law
What is an author in the copyright context? Well, we know that it is not artificial intelligence—for now. This is important because copyright protection vests in authors. So, without an author, there is no protection. Many cases have held an author must be a person. For the longest time it was not even a question….
Phillips & Bathke, P.C. recently assisted an Etsy seller whose competition went further than it should. Our client’s competitor accused our client of copyright infringement. The competitor submitted DMCA takedown notices to Etsy—delisting our client’s products. After review of the case, we determined an efficient, but aggressive approach would likely be successful. After discovery closed,…
If you are reading this article, you likely received correspondence (either a letter or email) from a company named PicRights or an attorney’s office named Higbee & Associates concerning images that were found on your website. Despite what you may have read online, these correspondences are not spam or scams; they should be taken seriously. …
Sellers on Amazon, e-Bay, Alibaba, Etsy, and other platforms have to deal with bad reviews. Some bad reviews are honest opinions of the customer. Others are downright false. Sellers might be at a loss of what to do when a customer or platform refuses to remove content. The U.S. Court of Appeals for the Eleventh…
Many e-commerce providers utilize automatically renewing agreements. That is, their contracts continue for a specified period unless the consumer cancels them before the end of the term. These contracts are common for popular for subscription-based services, such as streaming media, software, and meal kits. If your business uses this model, or intends to, you should…
If you are reading this article, you likely received an email from your online service provider (Amazon, Etsy, Ebay, TikTok, Facebook, Instagram, etc.) that a DMCA takedown notice was filed against you claiming that one of your product listings or posts infringed another’s copyright protected work. You review the notice but cannot understand how or…
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