Author Archives: John DiGiacomo

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, […]

Last week the United States Patent and Trademark Office (USPTO) suspended all trademark applications involving marks subject to refusal under 15 U.S.C. § 1052(c) (or “section 2(c)”) that are critical of government officials or public figures. This comes after the United States Court of Appeals for the Federal Circuit in In re Elster, 26 F.4th […]

On January 1st of this year, Virginia’s Consumer Data Protection Act (VCDPA) took effect. Much like the California Consumer Privacy Act (CCPA), which has been effective since 2020, the VCDPA creates a host of protections for individuals to take more control over their personal data. In turn, the Act creates a number of new obligations […]

Obtaining a Certificate of Registration for your trademark can signify a “job well done” and create a feeling of satisfaction. However, the work is not done. After your trademark is registered, like any other business asset, your trademark needs maintenance, nurturing, and protection. Experienced trademark attorneys — like those at Revision Legal — can help […]

If you have been the victim of some sort of defamation, you will need an experienced defamation lawyer to help you recover damages resulting from the defamation and help remove the defamation if the false statements are still online. Generally, defamation means that your reputation and/or business has been injured by false statements — intentional […]