Blog

The Digital Millennium Copyright Act: The Copyright Office Examines Whether it Needs Revamping

As most internet users of today know, music, videos, poems, photographs, and various other creative works are often posted on social media and other sites without the permission of the work’s creator.  These postings violate the creator’s exclusive right to ...
/ Copyright, IP & the Internet

U.S.Embassy – New Delhi Invites Gavin as Intellectual Property Ambassador

By: Pamela Gavin Once again, I have been invited to speak oversees on the topic of intellectual property law. A couple of years ago, the office of the President of Kazakhstan invited me to speak the Astana Economic Forum. See: ...
/ Practice Developments

Cheerleading Uniforms Vault Copyright’s Useful Article Quandary to the High Court

Are cheerleading uniform designs eligible for federal copyright protection? Last week, the United States Supreme Court granted certiorari in the case of Star Athletica, LLC v. Varsity Brands, Inc., promising an answer to that question. At issue is whether combinations ...
/ Copyright

Using New Domain Extensions to Your Brand’s Advantage

Registrations for new generic Top Level Domains (“gTLDs”) have topped 13 million.  As the use of new domain extensions becomes more prevalent, questions commonly arise about how search engines treat them and how large brands and marketing companies are using ...
/ Business, IP & the Internet

Hot Off the 3D Printer: Infringing Printables Create New Challenges for Copyright Holders

Reproduction and dissemination of written works and 2D visual art like photos, drawings, and videos has become as easy as typing a few words into Google, finding your desire, and clicking “download.” The distribution can be nearly instantaneous. Copyright law ...

Pros and Cons: Limited Liability Companies

You’ve got a great idea for a new business and the pieces are slowly falling into place — you’re preclearing a few options for a company name, you’ve garnered interest from potential business partners, and there’s a vacant office in ...
/ Business

Protecting Your Brand In China Against Trademark Squatting

With its rapidly expanding economy, the largest middle class in the world, and significant manufacturing capacity, China can be a great new market for American businesses interested in global expansion or manufacturing goods for export in China.  Before expanding, however, ...
/ Business, Trademarks

Trademark: A Rose By Any Other Name…

As published in the April 2016 issue of Virginia Lawyer. It’s not often that trademark law faces a direct conflict with constitutional law. Yet recent cases have turned a bright spotlight on the tension between federal registration of disparaging marks ...
/ Business, Trademarks

What Can You Protect with Copyright?

On first thought, copyright protection may seem fairly easy to understand. Put simply, creative works can receive protection from being copied. But copyright law has many nuances that are important to consider when seeking federal copyright protection. The first of ...
/ Copyright

Fluid Trademarks

Fluid trademarks are trademarks that change over a short period of time — not a careful, measured brand evolution, but a dynamic, shifting depiction of an identifiable trademark. For example, Absolut Vodka frequently utilizes its distinctive bottle shape as a ...
/ Trade Dress, Trademarks

Lead Generation: How Companies Mine for Your Data

Most internet users today recognize that internet searching and website visits lead to data collection and targeted advertising. For example, a search for coffee makers on Amazon is likely to lead to coffee maker advertisements on Facebook. What may be ...
/ Business, IP & the Internet

How Does Intellectual Property Add Value to Your Business?

Recently at a networking event, I was asked the simple question: “What do you do?” After responding that I am an “intellectual property attorney,” I received a brief look of confusion, and then the question: “Yes, but what does that ...