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ip law
Copyright Protection of Dance Choreography In The U.S. By Justin M. Jacobson & Jeffrey E. Jacobson Recently, several lawsuits were filed against Epic Games, the creator of the game “Fortnite,” for the alleged usage of protected dance choreography in their product.  In particular, the game developer was providing and monetizing “emotes.”  The in-game “emotes” are...
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Copyrights & Tattoos By Justin M. Jacobson & Jeffrey E. Jacobson Recent cases involving boxer Mike Tyson’s tribal tattoo displayed on an actor in the motion picture, The Hangover 2 as well as the increased usage in video-games of NFL, NBA and WWE “real life” characters, including reproducing identifiable tattoos that these athletes possess, has...
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Trademark Dilution of A Famous Mark By Justin M. Jacobson & Jeffrey E. Jacobson In addition to trademark infringement claims that we have discussed in a previous article, including claims of likelihood of confusion, a trademark owner may also claim trademark “dilution.”  This is where a trademark owner asserts that they own a famous mark...
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Intellectual Property Considerations For Restaurants & Other Culinary Establishments By Justin M. Jacobson, Esq. As restaurants and other culinary establishments continue to form and grow, these companies begin to face new legal challenges similar to any other business.  While there are many matters a potential restaurateur must evaluate prior to forming or creating a culinary...
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02/16/2018 – International Trademark Law Update: “Trademark Registration in Canada” By Jeffrey E. Jacobson, Esq. As a reference, there are two distinct trademark systems for acquiring trademark rights in a particular mark. There is a “first-to-file” system, which exists in countries such as China and France. This system provides protection to the first entity to...
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02/09/2018 – Copyright Law Update: “Design Protection” In “Useful Articles” By Jeffrey E. Jacobson, Esq.             The Supreme Court decision in Star Athletica v. Varsity Brands last year clarified the law on copyrightability of the creative elements in useful articles. That case involved alleged copyright infringement of cheerleading uniforms. Since a uniform is a useful...
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By Justin M. Jacobson, Esq. Continuing from our prior installment where we discussed copyright law and how it relates to the music industry, we should now briefly explore how trademark law is related to the music business. As they say on Madison Avenue, “it’s all about the name;” and, trademark law provides protection for a...
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By: Jeffrey E. Jacobson, Esq. Website development and ownership can raise a number of unique Copyright and Trademark concerns that all potential website owners need to be aware of before they begin the process of creating their website.  From the initial act of choosing a domain name, to the development of a design, and to...
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By Jeffrey E. Jacobson & Justin M. Jacobson Intellectual Property Law is a fancy term that has been much used in the last decade. Simply stated it includes the laws of patents, trademarks, copyrights and unfair competition. Intellectual Property is concerned with the protection and exploitation of creations. Copyrights cover the expression of ideas in...
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By Justin M. Jacobson, Esq. As social media and digital marketing and promotions continue to dominate the business world, there is an increased importance on unique branded promotional campaigns.  In today’s world, dominated by social media, one new key brand development utilized by many marketers and advertisers is to market and promote a company’s products...
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