copyright

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Copyright Office Modernizes Registration Under DMCA

Any company operating a website that is unsure whether all the content on it is its own copyrighted material should have an Agent registered under the Digital Millennium Copyright Act (“DMCA”). At long last, registering an Agent no longer involves a process out of the 1950s with a filing fee well out line with its benefit. Filing is now done online and the fee is minimal. The DMCA provides safe harbors from copyright infringement liability for online service providers and websites that allow users to post or store material on their systems, or, perhaps, have material on their sites of questionable copyright origin. If a DMCA Agent is registered, then the agent must be the one to receive notifications of claimed copyright infringement. After notice, the website has a short time to determine if the objected to material is infringing another's copyright, but no law suit can be brought during [...]

By | 2018-01-18T09:49:33+00:00 January 18th, 2017|Categories: |Tags: , |Comments Off on Copyright Office Modernizes Registration Under DMCA

Protecting Beer Brands: A Trademark Strategy for Brewers

By Chuck Knull I have spent a great deal of time as a lawyer helping brewers keep their brands from encroachers.  There are numerous ways that the brand names and trade dress of one beer can cross over into the territory of another beer brand.  As a result, a bartender in a dimly lit bar may pick the wrong bottle out of the cooler for a patron, or a soused patron might slur out an order one brand when intending another. Things like this have plagued the larger brewers for ages. Hence, specially colored and shaped bottles, and distinctive cans are often used by them. Add to this the confusion of restaurants and pubs, which may have names close to the names of beers,  serving their own mini-brews and the problem gets bigger.  Now, with a multitude of local breweries growing and expanding in the U.S., the possibility is growing [...]

By | 2018-01-18T09:49:34+00:00 December 17th, 2013|Categories: |Tags: , , , , , |Comments Off on Protecting Beer Brands: A Trademark Strategy for Brewers

Why Should I Apply for a Copyright Sooner Rather Than Later?

By Chuck Knull Making your company's products or services appear special and different from the competition involves branding. Branding involves the use of trademarks to identify the source of products. Protecting your brand also requires careful attention to the protection available under copyright laws, as copyright protection can enhance trademark protection. The Federal Copyright Act protects the “original expression” of an idea or ideas when such expression is “fixed”, that is, when it is printed, painted, recorded or filmed. The ideas themselves are not protected by copyright. Anybody making or marketing consumer products must seriously consider registering copyrighted material such as the text and illustrations of a web site, posters, print advertising, website videos, infomercial recordings, the labels on the goods and its packaging, and any instructional or informational material packed with products or offered as handouts. The owner of a copyright has the right to prevent (by injunction) others [...]

By | 2018-01-18T09:49:34+00:00 November 13th, 2013|Categories: |Tags: , |Comments Off on Why Should I Apply for a Copyright Sooner Rather Than Later?