Author Archives: John DiGiacomo

What Does “Derivative Works” Mean Under Copyright Law?

What Does “Derivative Works” Mean Under Copyright Law?

Copyright

In copyright law, derivative works are original works of authorship that are based on earlier original works of authorship. For example, a sequel to a book or movie is a “derivative” work if characters or storylines and elements carry over from the original to the sequel. Many derivative works “cross artistic fields,” such as motion […]

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What is a Trademark License?

What is a Trademark License?

Trademark

In non-legal terms, a trademark license is the giving of permission to use a trademark from the owner of a trademark to another. In legal terms, the owner of the trademark — who grants permission — is called the “Licensor,” and the business or person receiving permission is called the “Licensee.” With a license, importantly, […]

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What is a Common Law Trademark Search, and Do I Have to Do One?

What is a Common Law Trademark Search, and Do I Have to Do One?

Trademark

To avoid being sued for trademark infringement, before creating and using a new trademark, you must conduct a trademark search. This search will determine if there are any existing trademarks being used that are the same as — or confusingly similar — to the trademark you are planning to use. Further, if you want to […]

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Keeping Your Trademark Registration if Your Trademark is Not Being Used

Keeping Your Trademark Registration if Your Trademark is Not Being Used

Trademark

If you are not using your trademark and there is a concern about maintaining your trademark registration, there are a couple of options. The first option is to figure out methods of using your trademark in some minimal way. The second option is to qualify for “excusable nonuse.” The experienced and top-rated Trademark attorneys here […]

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Mistakes to Avoid When Filing an Application for Trademark Registration

Mistakes to Avoid When Filing an Application for Trademark Registration

Trademark

Registering a trademark is generally good for your business. Trademarks are valuable and increase in value over time. While trademarks have some legal protection just by existing and being used, those legal protections are significantly enhanced by registering the trademark with the US Patent and Trademark Office (“USPTO”). Registration is accomplished by filing an application […]

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