Author Archives: John DiGiacomo

To be eligible for registration, a trademark must be used in commerce. At the federal level, trademarks are registered by the US Patent and Trademark Office (“USPTO”), and registration of trademarks by the USPTO requires use in interstate commerce. That is, the sales of goods and services that cross the borders of States. Among other […]

Legal Considerations For Video Game Development | RSS.com Legal Considerations For Video Game Development John Di Giacomo: Hey everyone, this is John Di Giacomo and you are listening to the May It Please The Internet podcast. And I’m joined as always by my business partner, Eric Misterovich. Hey Eric, how are you? Eric Misterovich: I’m […]

Slander and libel are both types of defamation. Both involve false statements made that cause injury to the target/victim of the statements. Slander is legally defined as SPOKEN words of defamation; that is, oral defamation. By contrast, Libel is legally defined as WRITTEN words of defamation — that is, false statements made in writing. One […]

If you are seeking to register a trademark, you must register your trademark with at least one Class of goods or services. Think of Classes as categories. On the application for registration, there is a section where you indicate which Class or Classes you want your trademark to be associated with. Currently, there are 45 […]

The Federal Trade Commission Comes Calling | RSS.com Federal Trade Commission John Di Giacomo: Hey everyone, this is John Di Giacomo, and I’m joined as always, by my business partner, Eric Misterovich. Eric, how are you? Eric Misterovich: I’m doing great, John. How are you? John Di Giacomo: You are listening to the May It […]

Brand management is crucial to the success of businesses in this internet, social media, and influencer age. While the term “brand” is a bit broader and free-flowing, at heart “branding,” is about “trademarking.” When managing your brands and trademarks, you need your marketing staff, but it is just as important to have experienced trademark lawyers […]

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 […]