Recent Posts by Michael Thomas

New “MyUSPTO” Portal Gives Trademark Registration a Boost

I was pleasantly surprised when I recently went to the USPTO website and found a new portal called "MyUSPTO." The portal allows a user to create an account and then store payment information and even import previous registrations filed. The ability to import previously filed registrations is a real boon because it allows users to…
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Four Legal Issues Facing Small Business Websites in 2017

As the new year unfolds, small business owners face four legal issues that could affect their websites and ultimately their bottom line in 2017. Here is a list of the biggest problems on the horizon, and some solutions: Communications Decency Act Section 230 Problem: Accusations of Republication of False, Misleading, Defamatory, or Unlawful Content on…
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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…
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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…
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