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Creators of Parodies Are Granted Immunity From a Copyright Infringement Lawsuit by Claiming Fair Use

Posted on July 11, 2019
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A parody is defined as a humorous use of an existing song, play, or writing that changes some of the original content to create a laughable, ironic new work. However, the original author may wish to prosecute the parody’s author for copyright infringement. Unfortunately, for many of these original authors, the creators of parodies are generally protected under the “fair use” doctrine. The driving element behind the legality of parodies lies in the first … Read More

What Can I Do If My Trademark Application Was Rejected

Posted on June 28, 2019
What Can I Do If My Trademark Application Was Rejected

We have all been rejected at some point in our lives, and needless to say it doesn’t feel good. Whether it was a job interview, a school we applied to, or by someone we liked, the sense that we put ourselves out there only to be left hanging generally doesn’t sit well. The same holds true with a trademark application. You put the time and effort into creating a mark that you … Read More

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How Do I Establish Priority To My Trademark?

Posted on June 21, 2019
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We have all had that million-dollar idea in our head. We then brush it aside until we see the plan executed by someone else. We are then left asking ourselves, “Why didn’t I act on it sooner?”. This typical story that may be fantastical to most is the unfortunate reality of those who have an idea for a trademark only to find out they have just missed the boat. When it comes … Read More

What Is a Bona Fide Occupational Qualification and Can I Be Discriminated Against for It?

Posted on June 12, 2019
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A “Bona Fide Occupational Qualification” (BFOQ) refers to a quality or attribute that employers are legally allowed to take into account when making hiring and employment decisions. If considered in other formats, these qualities would be classified as discrimination and would be in violation of Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA). The BFOQ defense is narrowly construed to ensure that employers … Read More

What Is Trademark Infringement and How Is Infringement Determined?

Posted on June 4, 2019
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Trademark infringement is defined as the unauthorized use of a trademark about goods or services in a manner that is likely to cause confusion, deception or mistakes about the source of the goods or services. For a trademark owner to claim infringement, the Lanham Act specifies that three factors must be shown: use of a protected trademark, priority to use the trademark and a likelihood of confusion between the trademark and the alleged infringer. The first factor … Read More

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