Why read the Decoding IP™ blog?

  View Post  
29 Jul 0

Ashley Madison, the DMCA, and the Misuse of Copyright Law

As I was reading about the Ashley Madison hack yesterday, I was surprised to learn that Avid Life Media, the company behind this website, claimed to be mitigating the damage to its users by using the Digital Millennium Copyright Act, known as the DMCA. That’s right, the company that helps facilitate millions of extra-marital affairs, […]

22 Jul 0

Name of the Game: When is it “Fair” to Use Someone Else’s Trademark?

Let’s say you’re a huge fan of Coca Cola. You grew up drinking their soda, you were one of their first Facebook fans, you collect Coke bottles from around the world, and now you’ve decided to use their trademark on your own fan site. Before you get started on the design for your new fan […]

14 Jul 0

3D IP Series: Now We’re Printing Fast Sports Cars?

I remember the dot matrix printer I used in college. It weighed about 50 pounds, and I almost broke my back every time I moved it. Plus, every document I printed on that monster was basically illegible. In light of that experience, I must confess that I welcomed the news of California-based Divergent Microfactories’ 3D-printed […]

10 Jul 0
2015-07-10_software patents_clyde

Avoiding Software Patent Quicksand

The ground beneath software patents is shifting, sliding, and sinking. Almost daily, courts are finding ways to invalidate software claims. The resulting uncertainty in both the patentability of software inventions and the meaning of allowed software claims has prompted one of the Federal Circuit judges to describe a recent ruling as a “litigator’s delight.” The […]

26 Jun 0
2015-06-26_Periscope Meerkat Vine_Jen

Periscope, Meerkat, and Vine – IP Infringers?

Between the Women’s World Cup and the U.S. Open golf tournament, we watched a lot of great competition this weekend and are looking forward to more this week. But while others may just see the brilliant play of Megan Rapinoe and Abby Wambach on the pitch or the victorious play of Justin Spieth on the […]

26 May 0

Where Are They Now? An Update on 4 Interesting IP Cases

We covered some mighty interesting IP cases last year that spanned the worlds of pop culture and sports – and we thought we’d take a few minutes to check in on four of those cases to find out where they are now. The Led Isn’t Out Yet Remember back when we told you Led Zeppelin […]

15 May Comments Off on Social Media Trends & Hashtag Trademark Law
2015 05 15_twitter hashtag

Social Media Trends & Hashtag Trademark Law

Over the past few months, there has been an interesting trend in trademark law around the world, with the creative use of social media technologies colliding with the creative use of the trademark registration system. Yes, I’m talking about #trademark mania, aka the rush to trademark hashtags. We can talk about the scruples of trademarking […]

10 Apr Comments Off on 7 Ways to Protect Your Startup’s Brand

7 Ways to Protect Your Startup’s Brand

You’ve spent a lot of blood, sweat, and tears to build your startup (and more friends-and-family money that you care to admit). One of the smartest things you can do at this point (besides hiring a great CFO), is protect your brand from a potential trademark infringers (and avoid a costly rebranding exercise). Here’s a […]

8 Apr Comments Off on Find Your Brand’s Trademark and Keep it, Too!

Find Your Brand’s Trademark and Keep it, Too!

Have you ever said to your attorney, “Oh, I know I should be thinking about my IP, but …?” Trademark attorneys hear this all the time: you’ve already fallen in love with your brand name, and neither hell nor high water will keep you from using it. Well, both hell and high water exist in […]

20 Mar Comments Off on What Every Company Needs to Know About Building a Strong Brand

What Every Company Needs to Know About Building a Strong Brand

Unless you are an attorney, one of the first things you think about when building a company is definitely not trademark issues. Your brand name, logo, product features, services—they all get your utmost attention, as they should. Unfortunately, if you ignore or dismiss trademark issues, it may create issues for your company down the road. […]