Recent Posts by Michael Thomas

New Copyright Regulation May Impact Small Business Owners

Small business owners who allow postings of user-generated content to their websites need to take immediate steps to preserve their safe harbor protection under the Digital Millennium Copyright Act (“DMCA”) in light of a recent rule change by the U.S. Copyright Office. The DMCA’s safe harbor provision, found at 17 U.S.C. §512, provides website operators…
Read more

Court Blunts Cannabis-Related Trademark Registrations

The explosion of the cannabis industry nationwide has led to an increase in marijuana-related trademark registration attempts, many of which have been met with stone(d) silence and refusal by the Trademark Trial and Appeals Board (“TTAB”). Despite legalization in many states, marijuana is still classified as an illegal substance under the federal Controlled Substance Act…
Read more

Court: One Sale Is Enough to Show Trademark Use in Commerce

Clients seeking trademark registrations often ask how much use of a mark in interstate commerce is needed for success. Earlier this month the Federal Circuit answered that question when it reversed a decision by the Trademark Trial and Appeal Board (“TTAB”) that cancelled a trademark of a church in Zion, Illinois at the behest of…
Read more

New CA Law Addresses What Happens to Digital Assets Upon Death

Although estate planning and issues related to inheritance are generally outside the wheelhouse of this blog, a new California statute is worth noting here because of its intersection with internet law. Known as the “Revised Uniform Fiduciary Access to Digital Assets Act,” the law creates to three-part hierarchy to determine who can access someone's “digital…
Read more

Recent Comments by Michael Thomas

No comments by Michael Thomas yet.