In a case reminiscent of the attempt last fall to protect pizza flavor as a trademark, a plaintiff’s argument seeking copyright protection for his chicken sandwich met with clucking disapproval from a federal court. Amazingly, that court was the 1st Circuit Court of Appeals (yes, the plaintiff appealed the District Court’s ruling), and it upheld the lower…Read more
About: Michael Thomas
Recent Posts by Michael Thomas
As a new internet era dawns with the continuous roll-out of new gTLDs (“generic top-level domains), business owners interested in protecting their valuable trademark rights and existing domains should be aware of four things regarding an organization that may not be well-known to most: the Trademark Clearinghouse (“TMCH”). 1. What is the TMCH? The TMCH is the…Read more
The 1976 Copyright Act fundamentally changed the way authors acquire rights in their creations, requiring only fixation “in any tangible medium of expression.” In contrast, under the previous 1909 Copyright Act, an author was required to register a work before publication to obtain a copyright. While registration is not necessary to establish rights in a work,…Read more
Just a heads up, I have a guest post on the California Continuing Education of the Bar (CEB) blog about the first case to interpret California's new LLC law-check it out!Read more
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