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Recent Articles from Peter Lemire
Revenge of the Tweet
What is a business that utilizes embedded third-party content to do?
Consumer Reviews – The Rules Have Changed
In light of the new law, there are actions that businesses should take now to make sure they are in compliance.
Copyright Infringement and the Snow Globe Cupcake Wars
First-to-market strategies can be successful if a business is prepared and understands that their time in the limelight is limited and then must be ready to move on to the next big thing.
The tale of the cheerleader and the protectable 2-D artwork
Courts have long held that the look and feel of a particular product design is not copyrightable under federal law, given that copyright protection does not extend to the functional or useful aspects of an article... until now.
Websites, beware: Using third-party content can be illegal
The DMCA has proved to be a very valuable tool for both service providers and content owners. The new regulations now make it more incumbent on the service provider to make sure they are in compliance.
Pay attention to the dancing baby
A while back, the 9th U.S. Circuit Court of Appeals issued a decision in what has come to be known as the “Dancing Baby Case” that every business needs to know about.
A closer look at taco trucks and baskets of deplorables
In our internet and meme-driven world, there always seem to be issues surrounding the ownership and protection of sound bites/short phrases/and or slogans. Election years take these issues to a whole different level.
The rise and fall of the labradoodle
While the concept of crossing a Labrador with a poodle is not protectable under patent law or any other theory in intellectual property, the term labradoodle when it was first introduced was certainly trademarkable. Trademarking the term, combined with proper enforcement, could have prevented a lo...
SupCo trademark game-changer
A recent decision by the Supreme Court will have attorneys and business paying more attention to what are known as “adversary proceedings” before the United States Patent and Trademark Trial and Appeals Board (TTAB). Adversary proceedings are basically mini administrative trials that are conducted...
Kick-starting the new year
When meeting with clients, we often explain to them that securing intellectual property rights of inventions or products is an important step of the process, but it is just the start and sometimes is the easiest part of bringing a product to market or starting a new business venture.
Maximize your business’ value
The law once said that to file an application for a United States federal trademark registration, an individual or a business had to actually be using the mark in interstate commerce. That individual or business must have actually sold the goods or services to someone in another state, or their sa...
A forgotten right the government can’t take away
No matter your particular view of the underlying case, the situation with the Redskins is a good example of the public’s misperception of trademarks, how trademark rights are accrued, and why trademark registrations can carry more benefits in the eyes of the public than those actually conveyed und...
