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About About Engaging With Us Careers Ideate Team Team Darin Klemchuk Brian Casper Jim Chester Mandi Phillips Mark Stachiw Zach Tiritilli Services Intellectual Property Litigation Business Litigation Corporate & Commercial Patents Trademarks Technology & Data Software & Copyrights Anti-Counterfeiting & Enforcement Internet & eCommerce International Business Local Counsel Industries Airlines Automotive Blockchain Technology Consumer Products Cosmetics Cryptocurrency Cybersecurity Digital Arts Digital Marketing Ecommerce Energy Fashion Health Technology Luxury Brands Professional Services Real Estate Developers Restaurants Retail Software Sporting Goods Technology Telecommunications Contact
Klemchuk
IP Lawyers | Intellectual Property Law Firm
Europe’s Copyright Directive: Article 17 | Shifting the Burden on Policing
Europe’s Copyright Directive: Article 17 | Shifting the Burden on Policing

EU Copyright Directive Article 17 is an amendment that shifts the burden of copyright infringement policing from copyright owners to the streaming platforms on which the works are uploaded. 

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Law, Blog, Copyright Protection, Software & CopyrightsCeles KeeneMay 14, 2019
Social Media As An Evidence Tool: Uncovering Fraud With Social Media Technology
Social Media As An Evidence Tool: Uncovering Fraud With Social Media Technology

Investigators are utilizing social media as evidence of hiding of assets, and for tracking down hackers. Intellectual property attorneys also often use social media to identify, track down, and or prove IP infringement.

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Law, Blog, Technology & DataCeles KeeneMay 8, 2019
Amazon’s Anti-Counterfeiting Tools
Amazon’s Anti-Counterfeiting Tools

Amazon developed a host of anti-counterfeiting tools, to identify counterfeit items currently being sold on amazon.com and remove them, and to prevent counterfeit goods from being listed for sale.

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Law, Blog, Anti-CounterfeitingDarin M. KlemchukMay 2, 2019
How Far Can a Brand Commercialize Contracted Works? | Scope of Copyright
How Far Can a Brand Commercialize Contracted Works? | Scope of Copyright

Photographer claims her work of cats on glass for Fresh Step taken outside of scope of copyright agreement.

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Law, Blog, Software & CopyrightsCeles KeeneMay 1, 2019
The ICELAND Trademark Battle: A Nation and a Company’s 49 Year Old Mark
The ICELAND Trademark Battle: A Nation and a Company’s 49 Year Old Mark

Recently the European Union Intellectual Property Office ruled in favor of the nation of Iceland against a food retailer, effectively cancelling the ICELAND trademark registration granted to Iceland Foods in 2014. 

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Law, Blog, TrademarksCeles KeeneApril 24, 2019
Europe’s Directive on Copyright in the Digital Single Market: Article 13
Europe’s Directive on Copyright in the Digital Single Market: Article 13

Article 13, the most highly debated portion of the new European Union comprehensive intellectual property directive, may have big impact on copyright law across the globe.

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Law, Software & Copyrights, BlogCeles KeeneApril 16, 2019
U.S. Trademark Office Denies Warner Brothers’ Trademark Application
U.S. Trademark Office Denies Warner Brothers’ Trademark Application

The U.S. Trademark Office recently made headlines when it decided to deny Warner Brothers Entertainment (“Warner Brothers”) the trademark registration for “I solemnly swear that I am up to no good.”

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Law, Trademarks, BlogCeles KeeneApril 9, 2019
Unplanned Movie - Legalities of Disputing MPAA Ratings
Unplanned Movie - Legalities of Disputing MPAA Ratings

Producers of the movie Unplanned are disappointed with the MPAA’s controversial “R” rating. What can movie producers and fans do when they don’t agree with the MPAA’s ratings? Read for the legalities of MPAA rulings and how the Unplanned filmmakers addressed the MPAA rating.

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Law, Software & Copyrights, BlogDarin M. KlemchukApril 3, 2019
Anheuser-Busch Utilizes SLAPP Lawsuit to Protect Trade Secrets
Anheuser-Busch Utilizes SLAPP Lawsuit to Protect Trade Secrets

Anheuser-Busch had filed a SLAPP lawsuit against former employee for allegedly releasing trade secret information that was eventually used against Anheuser-Busch in a class action lawsuit.  

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Law, Trademarks, BlogCeles KeeneApril 2, 2019
Time to Refresh Your MSA Agreement
Time to Refresh Your MSA Agreement

Tips on refreshing MSA contracts, also referred to as Master Services Agreement or MSAs. Changes in a business or the law are two good reasons to revise an MSA contract.

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Law, Corporate & Commercial, BlogBrian CasperMarch 28, 2019
Cybersquatting Causes Record High for WIPO Cases Filed
Cybersquatting Causes Record High for WIPO Cases Filed

2018 was record-setting year for the World Intellectual Property Organization (“WIPO”) as number of Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) filings hit a new high.

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Law, Trademarks, BlogCeles KeeneMarch 28, 2019
Foreign Sanctions Evader? US Company Penalized for Foreign Subsidiary’s Violation of Iran Sanctions
Foreign Sanctions Evader? US Company Penalized for Foreign Subsidiary’s Violation of Iran Sanctions

In a historic first, OFAC named an individual a “Foreign Sanctions Evader” in relation to the Kollmorgen - Elsim civil enforcement action. 

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Law, Blog, InternationalJim ChesterMarch 26, 2019Comment
5 Tips for Drafting a MSA Contract
5 Tips for Drafting a MSA Contract

Tips to draft an MSA contract, also referred to as Master Service Agreements. Tips include forum selection clause, ownership of work, scope of project, and independent contractor status.

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Law, Corporate & Commercial, BlogJim ChesterMarch 24, 2019
Protecting IP Rights in International Transactions
Protecting IP Rights in International Transactions

Innovation-based companies initiating international operations need to ensure international IP rights are adequately protected.

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Law, International, BlogJim ChesterMarch 8, 2019
A New Business Strategy for Copyright Owners: Filing Suit for Copyright Infringement
A New Business Strategy for Copyright Owners: Filing Suit for Copyright Infringement

Supreme Court rules that copyright owner cannot file suit for copyright infringement until the work in dispute has been granted copyright registration by the U.S. Copyright Office.

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Law, Software & Copyrights, BlogBrian CasperMarch 6, 2019
Supreme Court to Decide Trademark Licensee Rights in Bankruptcy Suit
Supreme Court to Decide Trademark Licensee Rights in Bankruptcy Suit

U.S. Court to hear arguments whether trademark license agreement remains enforceable after trustee’s refusal to honor agreement upon bankruptcy filing by company.

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Law, Trademarks, BlogCeles KeeneMarch 5, 2019
The Art of (Trade) War: Dealing with the Punitive US Section 301 Tariffs on Chinese Goods
The Art of (Trade) War: Dealing with the Punitive US Section 301 Tariffs on Chinese Goods

Helping U.S. importers understand current punitive tariffs, “what, when and how” of U.S. tariffs on Chinese goods, and Section 301 Tariffs strategies.

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Law, International, BlogJim ChesterFebruary 28, 2019
Oscars Live Streaming: Copyright Infringement or Fair Use?
Oscars Live Streaming: Copyright Infringement or Fair Use?

ABC states that it has long had legal protection in place that prohibits the use of any part of the Oscars while the telecast is in progress. 

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Law, Software & Copyrights, BlogCeles KeeneFebruary 28, 2019
Will Congress Follow California’s Data Privacy Legislation Lead?
Will Congress Follow California’s Data Privacy Legislation Lead?

In 2020, per new data privacy legislation, California consumers will have option to tell companies, that collected personal information, to delete the data.

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Law, Technology & Data, BlogCeles KeeneFebruary 26, 2019
Copyright Infringement of Dance Moves in Video Games
Copyright Infringement of Dance Moves in Video Games

Whether a dance move depicted in Fortnite is subject to copyright is hotly contested by both sides in copyright litigation.

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Law, Software & Copyrights, BlogCeles KeeneFebruary 19, 2019
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