Intellectual Property (IP)

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Does Your Intellectual Property Constitute Copyright, Trademark, or Trade Secret Material?

If you or your company is thinking of entering the US market, you should familiarize yourself with what constitutes copyright, trademark, or trade secret material, and what is protected/not protected within each Intellectual Property (IP) category in the United States. Doing so will go a long way to preventing you from unintentionally violating the IP …

Does Your Intellectual Property Constitute Copyright, Trademark, or Trade Secret Material? Read More »

Cease & Desist

You’ve Received a Cease and Desist Letter: Now What?

When foreign and overseas companies and individual’s doing business in the United States fail to do due diligence on their intellectual property assets before introducing them into U.S. markets, they run the risk of legal action from U.S.-based companies who believe their intellectual property rights have been infringed. Often, the first inkling of such legal …

You’ve Received a Cease and Desist Letter: Now What? Read More »

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Think Ahead: Know the Nuances of International Intellectual Property Law

Companies planning to do business in the United States should study up on international and U.S. intellectual property laws to ensure the protections they’ve enjoyed in their home countries and regions extend to the United States. Be forewarned: in many cases they don’t. Just as a United States patent or trademark offers no protection in …

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Do You Pass The Copyright Test?

Whether or not the design elements of cheerleader uniforms can be copyrighted might, at first glance, seem a bit inconsequential. After all, except for certain graphics, school/team colors, or stitch patterns, cheerleader outfits are all pretty much the same, aren’t they? Not so, says the United States Supreme Court, which recently ruled on a case …

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When It Comes To Our Intellectual Property Litigation Practice, The Answer Is Simple

One of the most common things I am asked about on a daily basis is “What is the scope of your intellectual property litigation practice?”  Well, the answer is simple: Ludwig, APC creates strategies for the efficient resolution of our clients’ disputes, regardless of size and complexity. Our team represents businesses and individuals in state …

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“Any sufficiently advanced technology is indistinguishable from magic.”

In the next ten years, the hardware, software, and content associated with virtual reality might very well qualify as “magic,’ under Arthur C. Clarke’s definition. Conservative estimates from Goldman Sachs suggest VR will be an $80 billion business by 2025, while a more aggressive forecast from IDC Worldwide puts the number at $162 billion by …

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Copyright Enforcement Through the U.S. DMCA

The International Game Developers Association (IGDA) released a white paper titled, Copyright Enforcement Through the U. S. Digital Millennium Copyright Act. The main legal vehicle for challenging infringing content is through the US Digital Millennium Copyright Act (DMCA) or a claim of Trademark Infringement. This White Paper prepared by the members of the IGDA B&L …

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White Paper on Remixes, First Sale, and Statutory Damages

The Internet Policy Task Force’s White Paper on Remixes, First Sale, and Statutory Damages (White Paper) was published on January 28, 2016. In the report, the Task Force summarizes the comments and testimony received from stakeholders and sets forth its conclusions and recommendations on three important copyright topics: the legal framework for the creation of remixes; the relevance …

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