Ninth Circuit Confused on Copyright “Originality”

Copyright law protects original works of authorship. 17 U.S.C. § 102(a). Generally, the bar for what constitutes “original” is very low. But, at the same time, copyright law DOES require some minimal amount of originality. As one court phrased it, a “modicum [of] creative spark” is needed (in addition to independent creation). In a couple… READ MORE

Trademark Registration can be Refused for “Unlawful Use”

There are a large number of reasons why the US Trademark Office can deny an application for trademark registration. Nothing is automatic about registration. This is one reason it is important to retain experienced trademark attorneys to provide advice and legal counsel leading up to the application and to shepherd the application through the Trademark… READ MORE