Intellectual Property Law Category

This category features intellectual property legal insights, commentary, and educational content from The Sterling Firm. Posts published here address topics such as trademarks, copyrights, licensing, and intellectual property strategy in an informational context, without serving as a substitute for legal advice or firm service pages.

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Digital Millenium Copyright Act (DMCA) Takedown Notice Frequently Asked Questions

What Is A Digital Millennium Copyright Act DMCA Takedown Notice? The DMCA Takedown Notice is made pursuant to the Digital Millennium Copyright Act (DMCA) which is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to

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How To Protect Your Content On Social Media?

Steps To Protect Your Content On Social Media There are a few steps you can take to protect your content on social media that you post: Use Copyright Notices. If you are concerned about the unauthorized use of your content, you can use a copyright notice to inform others that the content is protected by

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Fair Use Factors – Business Law Tip

Intellectual Property Legal Tip: Fair Use Factor Who Out There Needs To Use Other People’s Work In Their New Creations? Do You Know How To Apply “Fair Use”? DYK The Fair Use Doctrine allows you to use other’s copyrighted work! Factor The Nature Of The Work The nature of the work being used is just

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Brand Name Differs From Company Name

Question: Can Your Brand Name Be Different From Your Company’s Name? The answer is “YES”! Registering your business name means getting permission from the state government to open & operate a business as per the state laws. You must register your business with the specific Secretary of State to allow your business the protection of that

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Trademark Domain Name?

USPTO vs. Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act? The United States Supreme Court has had several cases that have a major impact. Both of which are on trademark law and intellectual property protection strategy for brand owners. One of these cases, USPTO vs. Booking.com,

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Trademark Modernization Act

TRADEMARK LAW UPDATE: Trademark Modernization Act The Trademark Modernization Act Establishes New Trademark Cancellation Procedures ~ On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act: Establishes two new ex parte

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Legal Issues In Telling Real Life Stories

Life Story Agreements QUESTION: If I want to talk about John Kennedy having Marilyn Monroe as a mistress, or talk about what life in my family was like growing up, don’t I have a right to do that? (Rights other people have to privacy, to control the exploitation of their name, to defend against libel

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What Is Trademark Infringement?

Trademark infringement can have serious implications for your business. Understanding the “likelihood of confusion” test is crucial in protecting your brand. Did you know that you don’t need a trademark registration for infringement to occur? The key question is whether consumers are likely to confuse your trademark with another. Factors such as the strength of the mark, proximity of goods, and evidence of actual confusion play a significant role in these cases. If you suspect infringement, a Cease and Desist Notice may be your first step. Discover how to safeguard your rights and navigate the complexities of trademark law with expert guidance.

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Legal Requirements To Tell True Life Stories

QUESTION: If I want to tell a true story, what should I do first, second, third? Legal requirements to tell true life stories. (Consult with an experienced entertainment Attorney before you write the story if you are the writer and before you produce the project if they are a producer. Errors and Omissions Insurance will

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What Is A Life Story Rights Agreement?

Terms Of The Life Story Rights Agreement (1) Extent Of The Rights: Whether the agreement will include creating remakes, sequels, television series, merchandising, novelization, live-stage rights and radio rights; whether the story is limited to only a particular time period of the individual’s life; and whether the rights worldwide or limited in geography. Typically, the

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