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…
The latest season of the Netflix series Black Mirror was released this last week. It did not disappoint, especially the first episode: JOAN IS AWFUL. This episode explores a dystopian world where an online service provider’s terms of service (the fictional STREAMBERRY streaming service) and an actor’s contract terms result in dire consequences for the…
Filing a claim with the Copyright Claims Board (CCB) is a cost-effective alternative to litigating copyright claims in federal court if the goal is a quick resolution of your copyright claim that is not more than $30,000. The CCB is similar to a small claims court but specifically geared for copyright disputes. Cases are decided…
The Supreme Court wrapped up its triumvirate of intellectual property cases (copyright, patent, and trademark) for its current term when it overturned the Ninth Circuit Court of Appeals’ decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, Case No. 22-148, Slip. Opinion (June 8, 2023). This case involved VIP Product’s marketing of dog toys appearing like…
The Trademark Public Advisory Committee is suggesting a new fee schedule for trademark matters. If approved, the new fees would start in late 2024. If you wish to provide oral testimony on June 5, 2023, you must request permission by May 26, 2023. You can also submit written comments until June 12, 2023. You can…
The Illinois State Bar Association recently published Jonathan Phillips’ article concerning the new Fair Food and Retail Delivery Act. This Illinois law was passed to address third party apps (i.e. DoorDash, Uber Eats) putting, primarily, restaurants on their platforms without permission. How the Act might ultimately be used by merchants is up in the air….
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