Protecting recipes requires thinking beyond the ingredient list to the broader presentation, branding, and confidentiality surrounding a food creation. By strategically using copyrights, trademarks, trade secrets, and potentially patents, creators can safeguard different aspects of their culinary innovations while balancing cost, disclosure, and long-term business goals.
Read MoreThere are multiple steps business can implement to systematically stop knockoffs, piracy, and infringement in order to recover lost revenue, protect brand value, and ultimately increase market share through strategic use of trademarks, copyrights, patents, and related enforcement tools.
Read MoreCopyrighted content is owned by the party (a human) who initially creates the original work in a tangible format. Whether a business owns content will depend on the nature of the employment relationship with the party creating the content and, in some cases, whether written agreements have been executed naming the business as the owner of the copyright. Read post for an explanation of typical copyright ownership issues and how to avoid them.
Read MoreTake these six steps to protect your brand in 2025: (1) be wary of trademark scams; (2) protect against knockoffs; (3) consider “brand gating;” (4) police the market; (5) create enforcement policies; and (6) take social media infringement and dilution seriously.
Read MoreWhere available, securing both trademark and copyright registration for a logo provides additional protection and benefits, including the ability to bring two separate causes of action in an infringement suit and the potential for two separate damages awards.
Read MoreFederal registration of a logo can provide added benefits, but you’ll need to avoid common pitfalls and should employ these keys to success to secure registration.
Read MoreDoing business in foreign countries can create risk to your trademark ownerships there. These steps can help reduce that risk.
Read MoreTrademark scams are increasing in occurrence and sophistication. These basic tips can help you identify some of the most common types of scams.
Read MoreThorough witness preparation goes beyond memorizing rules, it requires understanding stress responses, managing non-verbal behavior, and anticipating real-world examination tactics. While outcomes can never be fully controlled, disciplined preparation and strategic rehearsal can significantly improve testimony and reduce the risk of damaging surprises.
Read MoreWhile slogans can be powerful branding tools, those that merely inform, praise, or echo commonly used phrases are unlikely to qualify for federal trademark protection. Involving intellectual property counsel early in the slogan selection process can help businesses avoid unregistrable phrases and improve the likelihood of securing valuable trademark rights.
Read MoreThe Supreme Court confirmed that the Copyright Act imposes no independent time-based limit on damages, meaning a plaintiff who timely files an infringement claim may recover monetary relief for infringements occurring well beyond the three years preceding the lawsuit.
Read MoreCopyright troll cases involving photographs are less about actual infringement damages and more about exploiting statutory remedies and litigation costs, making early evidence preservation, informed settlement strategy, and procedural pressure critical tools for an effective defense.
Read MoreDefault UCC protections often fall short in modern supply relationships, making tailored contractual intellectual property indemnities essential for purchasers who rely on integrated products or software systems and seek meaningful protection against infringement risk.
Read MoreThe Copyright Claims Board creates a lower-cost, remote forum for resolving small copyright disputes, but its voluntary nature and capped remedies mean it is best viewed as a strategic tool and not a replacement for federal copyright litigation.
Read MoreTrademark rights are only as strong as the steps taken to protect them. Registration, consistent use, active monitoring, and timely enforcement form the foundation of effective brand protection in both traditional and digital marketplaces.
Read MoreWhile rhythms are typically considered unprotectable building blocks of music, this lawsuit tests whether a widely adopted and culturally influential beat can cross the line into copyrightable expression under evolving interpretations of music copyright law.
Read MoreThe Supreme Court’s decision in Abitron v. Hetronic will clarify whether the Lanham Act reaches foreign trademark infringement and how damages should be measured, with far-reaching consequences for brand owners operating in an increasingly global marketplace.
Read MoreBecause copyright ownership begins with the author, properly documenting and recording copyright assignments is essential to ensure enforceable rights, clear chains of title, and long-term protection of creative assets.
Read MoreAs influencer marketing continues to expand, content creators who proactively protect their intellectual property, structure their businesses properly, and comply with advertising and disclosure laws are far better positioned to avoid costly legal pitfalls and build sustainable careers online.
Read MoreAs Congress weighs whether to reauthorize Section 702, the balance between national security and personal privacy remains at the center of the debate, with critics arguing that greater oversight and clearer limits are needed to protect Americans’ data from warrantless searches.
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