Author Archives: John DiGiacomo

No, although there can be an overlap. A patent is a type of intellectual property, and intellectual property also includes trademarks, copyrights, and trade secrets. These legally exist and are legally protected under US laws in the same manner as other property. Like real estate, intellectual property can be bought, sold, licensed, used as collateral, […]

It depends on what you mean by “successful.” If by “success” you mean your ability to create genius-level art that mesmerizes and brings forth powerful emotions, then, honestly, no, you do not need a copyright lawyer to be successful as an artist. On the other hand, there is the “business side” of being a successful […]

Trademark incontestability is a special status trademark. The process of obtaining incontestability involves filing with the US Patent and Trademark (“USPTO“) a form (with supporting documents) called a Section 15 Declaration of Incontestability. The Declaration can only be filed by the owner of a trademark, can only be filed if the trademark is listed on […]

Liability and Accountability in AI | RSS.com This podcast episode discusses the law applicable to artificial intelligence (AI), which is increasingly being used in various industries and applications. ChatGPT, a large language model, is introduced as an example of a neural network that can generate text, but sometimes produces false information. Other examples of AI […]

We start by understanding that all trademarks must be registered in association with some product or service. For example, the trademark PEPSI is most highly associated with a beverage, and EXXON is associated with petroleum products. For purposes of administration and management, trademark offices around the world have subdivided the vast number of goods and […]

Trademarking your company name is almost always a good business decision. Over time and as they become more famous, trademarks are valuable business assets in and of themselves and have been proven to drive sales through customer loyalty, product identification, and the ability to help launch new products creating new revenue streams. Trademarks serve an […]

Trademark clearance searches are a crucial initial step in establishing and registering a trademark. If you think that you have created a good trademark — a word, phrase, design, logo, mark, etc. — it is essential to ensure that your proposed trademark is not already in existence and not already being used. Under trademark law, […]

Generally, copyright law firms bill their legal services by the hour. However, in some cases, fees can be charged on a contingency fee basis or some hybrid thereof. For copyright infringement litigation, copyright clients will be involved as either the plaintiff or the defendant. Contingency fee arrangements are generally available only if you are the […]

The rise of digital media and online streaming has blurred the lines between what constitutes publication and public performance of copyrighted works. In particular, the question arises whether performing or distributing a video to a select group of paid subscribers constitutes publication under the Copyright Act. Copyright law provides a framework for protecting the rights […]

When ‘Get the Look for Less’ Turns into Copyright Infringement Fast fashion is so hot right now. Hundreds of fashion brands have flooded the market in the last decade selling cheap, wear-it-once clothing. This business model is especially prevalent in the ecommerce space. The attraction of this model is obvious: consumers can buy more clothing, […]