Author Archives: John DiGiacomo

When a person or business applies for trademark registration with the U.S. Patent and Trademark Office, the applicant must specify at least one trademark class with which the trademark will be used and associated. For example, if a business manufactures paper products, like stationary and envelopes, then the applicant should probably select Class 16, which […]

It is fairly well-known that “fair use” is a defense to claims of copyright infringement. There is a similar “fair use” defense for trademark infringement. Of course, the legal doctrines and applications are quite different. With respect to fair use of trademarks, courts have created two categories generally referred to as classic fair use and […]

Under the law, a person or business may not make false statements that injure and/or harm the reputation of another person or entity. Legally, this is called “defamation” and, if you defame another, you can be sued and held liable for money damages to the victim of your defamation. Under Michigan law, a statement or […]

In general, it is not legally necessary to create a prototype or physical example of an invention as part of the process of receiving a utility patent from the US Patent & Trademark Office. In simple terms, a prototype is a physically-existing specimen of an invention (not just a concept in the form of a […]

Copyrights are a form of intellectual property. At common law, copyright rights vest in the author of the copyrighted work. They protect what are called “original works of authorship” like literary, musical, and other types of artistic work as long as they are fixed in a tangible medium (such as paper, canvas, or a recording). […]

When a person or business seeks to register a trademark, an application for registration must be filed with the US Trademark Office. There are two types of applications that can be filed depending on whether the trademark is being used in commerce at the time of the application. If the trademark is being used at […]

Claims for intentional and negligent misrepresentation are two potential legal causes of action that can be used in court to sue for money damages if a person or business has been the victim of fraud. The two causes of action are different and have different legal requirements with respect to proof. Sometimes, both legal theories […]

Amazon is a tremendously large and lucrative online sales platform. Having a seller account suspended can be financially devastating, particularly if it occurs during a busy shopping season. Suspension can also be puzzling, since the owner may have thought that they were following all of the rules. But it IS possible to have your account […]

Trademarks that are used in commerce are generally registered with the US Trademark Office. A registered trademark gives the owner of the trademark exclusive rights to use the trademark with respect to the categories of goods and services with which the trademark is associated. However, registration can be “lost.” This creates what is commonly called […]

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 […]