Copyright

I’ll Need a Copy of Your Copyright

Photo credit: istock.com/alexsl

By Eric Schwartz, Jennifer H. Cho and Louise E. Conner

On March 4, 2019, the Supreme Court issued a unanimous decision in Fourth Estate Public Benefit Corp. v. Wallstreet.com LLC holding that, under §411(a) of the Copyright Act, a copyright claimant may file an infringement suit only after the Copyright Office renders a final decision on a copyright application, subject to limited exceptions. Prior to this ruling, circuit courts were split on whether the text of §411(a) granted standing to sue based on the so-called “application approach” (adopted in the 5th, 6th and 8th circuits) or the “registration approach” (adopted in the 10th and 11th circuits). The “application approach” permitted a copyright claimant to commence a lawsuit once a completed application with all three elements (i.e., the application, fee and deposit copy) was properly filed with the Copyright Office. The “registration approach” requires the Copyright Office to render a final decision (either to register or deny a registration) before a claimant may file suit. Justice Ginsburg, writing for the Court, concluded that the plain text of §411(a) “permits only one sensible reading”: the “registration approach.”

(more…)

Intellectual Property Tips

By Emily F. Evitt

Here are 10 ways to build a rock-solid foundation for your new company and avoid constructing a masterpiece on top of quicksand:

  1. Make sure your company’s name isn’t already taken. As a starting point, search the name on Google and other Internet search engines. Then search the U.S. Patent and Trademark Office website (uspto.gov). Important: repeat this process each time you pick the name of a new product or service.
  2. Check if the domain name you want is available – if so, get it. Create Twitter, Facebook and Instagram accounts for your company, and start using them. (more…)

Trade Facilitation and Trade Enforcement Act of 2015 and Intellectual Property Rights

By Susan Kohn Ross

This article was co-authored with Kevin M. Rosenbaum of MS&K.

On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions, including a number of provisions focused on intellectual property rights (IPR). Section III of the new law provides a number of enhancements to U.S. enforcement of intellectual property rights (IPR) at the border.  In addition, included among a variety of new trade enforcement provisions in Section VI, the new law provides additional resources to assist the Office of the United States Trade Representative (USTR) improve IPR protection and enforcement in foreign markets. (more…)