News & Insights

It’s innovators vs. sham spirits in the war of the rosés

INSIGHTS | By: | August 25, 2023

When consumers hear “counterfeiting,” they think of fake Rolex watches or Louis Vuitton handbags – not phony merlot. But sales of counterfeit wines and spirits skyrocketed during the COVID-19 pandemic and have not slowed since. It’s now estimated that 25 percent of...

What is a Common Law Trademark?

INSIGHTS | By: | February 3, 2023

Generally, common law rights are derived from custom and judicial precedent. Common law trademark rights are those rights that a business owner has from using a trademark, brand name, slogan or logo without having obtained a state or federal trademark registration of...

STATE vs. FEDERAL TRADEMARK PROTECTION

INSIGHTS | By: | April 1, 2022

Should you obtain trademark registration of your business name and/or brand, i.e., your trademark? The answer is absolutely “yes”. The broadest protection you can obtain for your trademark is a federal registration with the U.S Patent & Trademark Office (“USPTO”)....

The Costs of Not Protecting Your Brand

INSIGHTS | By: | March 10, 2021

If you own a small business, you will likely invest money, energy and time into marketing and branding that business.  Do not get blindsided by failing to protect your name and brand by federally registering your trademark.  If you do not do the research to determine...

When Can You Sue for Copyright Infringement?

INSIGHTS | By: | June 25, 2019

In a recent U.S. Supreme Court decision, the High Court put an end to the split in the circuit courts as to when a copyright infringement lawsuit could be brought, i.e., the “registration approach” or the “application approach”. In some circuits, such as New York’s...

Historic New Copyright Act Signed Into Law

INSIGHTS | By: | October 12, 2018

The Orrin G. Hatch – Bob Goodlatte Music Modernization Act was enacted by Congress and signed into law on October 11, 2018. This welcome and significant law was unanimously enacted by Congress after years of effort by many to update music licensing to better...

Creativity & The Law: How Copyright Laws Protect Your Work

INSIGHTS | By: | July 19, 2018

HAH – K. Dalli July Article For many people involved in creative pursuits, knowing how to protect the work is important.  Although it may seem daunting, the good news is that it’s really a lot simpler than it might first appear. For starters, the way in which...