Domain Name Protection
Domain names – Internet addresses used to identify websites – are an important marketing tool for companies. A domain name that uses the company’s name or well-known product is an easy way for customers to locate that specific company on the ever-expanding Internet. And as the Internet grows, so too do the domain name disputes, fights over who owns specific Internet addresses.
Don't want to file a lawsuit? Learn about dispute resolution alternatives. Read more about protecting Domain Name Protection.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
The Basics: Domain Name Recovery and Litigation
As the Internet expands, the number of domain names being used is skyrocketing. There are more than 202 million Internet domain names registered – a number that vastly exceeds the roughly 172,000 words in the Oxford English Dictionary. The buying and selling of domain names has become a multi-million dollar business. With that expansion comes an ever-increasing risk of intellectual property (IP) violations. As a result of the sheer volume of domain names, there is a probability that one or more cybersquatters has obtained a domain name that is identical to or confusingly similar to a company’s trademarks.
Why is a UDRP arbitration a less expensive route than civil litigation? Read more about Domain Name Recovery.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Combatting Domain Name Hijacking and Theft
Domain hijacking, or domain theft, occurs when a person improperly changes the registration of a domain name without permission from the original registrant. A domain can be hijacked for several reasons: to generate money through click-through traffic, for resale to the proper owner or a third party, to add value to an existing business, for malicious reasons, or to achieve notoriety.
Protect your online business by learning alternative routes if your register can't or won't assist you. Read more about the law surrounding your domain name.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Alleged Infringement Makes Grumpy Cat Grumpier
Grumpy Cat, famous for her dour looks and internet popularity, has a new complaint. As stated in a December 11, 2015 Central District of California complaint filed on her behalf, “[i]ronically, while the world-famous feline Grumpy Cat and her valuable brand are most often invoked in a tongue-and-cheek fashion, Defendants’ despicable misconduct here has actually given Grumpy Cat and her owners something to be grumpy about.” The allegations? That Grenade Beverage LLC has violated Grumpy Cat Limited’s rights in the cat’s pseudonym and image, including diluting the GRUMPY CAT trademark, creating unauthorized derivative works from her copyright-protected image, and cybersquatting through use of the grumpycat.com domain.
Which popular drink has Grenade Beverage, LLC in hot water? Read more about Grumpy Cat.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Spotify's $150 Million Copyright Infringement Lawsuit
Popular music streaming Spotify service was recently hit with a $150 million for music artists who are taking issue with the way the service pays royalties for its music. The lawsuit, filed in California federal court, alleges that Spotify continues to “unlawfully reproduce and/or distribute copyrighted musical compositions … to more than 75 million users via its interactive commercial music streaming service.” Spotify allows listeners to select from and hear an on-demand large library of songs even though the listener does not own any of the music. For several years now, artists have complained that the way Spotify pays out royalties for its music is unfair to the musicians.
Does the streaming service work hard enough to locate music rights-holders? Read more about Copyright Infringement.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Trademarks: Don't Wait to Register Your Brand on Twitter
In today’s online world, trademark and brand ownership are valuable assets to companies. Many trademark owners are surprised to learn that their valuable trademarks can be registered and used by third parties on Twitter and other social media sites with seemingly little the owner can do about it. Using another’s trademark in a way that has nothing to do with the product or service for which the trademark was granted is not a violation of Twitter’s trademark policy.
Is the burden on the brand owner when it comes to policing infringement on the popular social media site? Read more about Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Copyright Review Board Increases Royalty Rate for Pandora and Other Streaming Services
Digital streaming services like Pandora will have to pay a little more to bring customers music next year after a highly anticipated ruling from the Copyright Royalty Board. The board recently held that internet radio services would have to pay record labels a royalty of 17 cents per 100 plays of a song in 2016, up from 14 cents per 100 plays this year. The increase is less than the 25 cents some digital rights advocates had hoped for, but it was more than Pandora had asked for as well. The streaming service had actually asked for a decrease. The royalty board typically makes the changes every five years, but after this increase, it reserved the right to change rates more frequently and more accurately reflect the consumer price index.
How will the rates affect subscribing users? Read more about Pandora.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Star Wars-Type Force Field: Boeing Files for Patent
Space ships that appear in Star Wars movies famously utilize non-material force shields to deflect laser blasts from other ships. Recently, Boeing filed a patent for a military vehicle shield that would work much the same way: not visible to the naked eye and capable of deflecting other non-material forces. The patent calls for “[a] method and system for attenuating a shockwave propagating through a first medium by heating a selected region of the first fluid medium rapidly to create a second, transient medium that intercepts the shockwave and attenuates its energy density before it reaches a protected asset.”
The aircraft manufacturing company seeks to combat the threat of IEDs through intergalactically-inspired technology. Read more about Boeing's big idea.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Instagram Photos and Infringement? New York Artist Sued Over Artistic Use
Richard Prince is a New York artist known in part for art that incorporates the work of others. One of his most recent displays – which ran in September and October 2014 in the Gagosian Gallery – is New Portraits, which consists of thirty-seven inkjet prints. The prints are Instagram posts from third parties that have been enlarged and printed on canvases. Prince modified the canvases by enlarging the pictures and adding emojis and random sentences underneath the pictures. Individual canvases sold for up to $100,000 per work at the New York Frieze art fair.
When does adaptation become infringement? Read more about the law surrounding Instagram, and other social media.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Football Fans: IP Risks and "The Big Game"
Last year, Super Bowl XLIX was watched by more than 114.4 million viewers, and the cost for a 30-second advertisement spot during the broadcast went for a record $4.5 million. And of course, businesses – small and large – who are not paying millions of dollars for these advertising slots still want to capitalize on the interest in the lead-up to the game as well as the game itself.
Take extra care when promoting your special events, or risk a potential cease and desist from the NFL. Read more about the law surrounding the "The Big Game."
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Defining the Breach: License Agreement v. License Infringement
Two companies enter into an intellectual property licensing agreement. Later, a dispute erupts over whether the licensee has used the IP outside the scope of the license agreement such as marketing a brand on a new product line or selling patented goods in another territory. Does this extra-license use constitute breach of license agreement? Infringement of the IP rights or both? Or, is it license infringement?
Read more about license infringement.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Infringement, Knock-Offs, and Brand Protection
Too often, overseas and other low-cost manufacturers are employed to replicate successful products. This can be done by carefully making a mold of the product and then using that mold to make a replication. These knock-offs are imported into the U.S. and enter the stream of commerce through a variety of channels. A more sophisticated infringer will ensure that the product is marketed with a name that does not infringe the trademark. Most likely the name will be descriptive. Assuming that the product configuration/shape is not protectable as trade dress or by design patent and there is no trademark infringement of the product name, it is very difficult for the brand owner to police these knock offs.
Read more about safeguards against infringement.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Star Wars Trademarks and the 'Dark Side' of Infringement
With the upcoming release of “Star Wars: The Force Awakens”, the market has been flooded with products related to the movie – everything from clothing to action figures to limited edition ice cream flavors (The Dark Side, dark chocolate ice cream with espresso fudge brownies, cocoa crispy pieces, and white chocolate morsels, and The Light Side, marshmallow ice cream with crispy pieces). In honor of the mass marketing, now is a good time to look at some of the federal trademarks associated with the Star Wars® franchise.
How many live trademarks fall under Chewbacca? Read more about Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
The Importance of Ownership Agreements
Three individuals formed a business entity through which they were going to launch a promising new software application. They had done everything right – they engaged an attorney to handle the formation and had divided up operating responsibilities according to each person’s strengths. The idea was relevant, the technology was functionally strong, and the angel investors were interested – all was looking good. Then, two of the founders learned that the third had been behaving improperly and perhaps illegally – they wanted that person out . . . out of everything . . . out of operations, out of any officer position, off the board . . . and, “we want the equity back because this person should not be able to retain ownership after breaching contracts and duties.” All reasonable reactions considering they got into this as a team and expected the team would stick together and succeed intact.
Things change, life happens. Don't skip out on the details; learn how engaging an attorney can help your business. Read more about ensuring your Ownership Agreements work for you.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
License to Sing? Christmas Carols and the Public Domain
Everyone knows that the fastest way to spread Christmas cheer is singing loud for all to hear, right? Maybe not. Before you go blasting that Christmas music this season, take a minute to think about who owns the rights to the music and how you are performing. Unless the song is in the public domain, you may actually need a license in order to play or perform that song, so be careful!
Think you know the law surrounding your favorite holiday tunes? Read more about copyrights and Christmas carols.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Supreme Court to Examine Government Agency Patent Review Process
The Supreme Court recently agreed to review a case that will give the court its first chance to examine an administrative process through which the U.S. Patent and Trademark Office evaluates challenges to patents. The administrative process, known as inter partes review (IPR) proceedings, has allowed technology companies in particular to quickly and at least partially invalidate patents without going to court.
How do federal courts typically construe patent claims? Read more about Patent Review.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Patent or CGI? All About the Droid in Star Wars Episode VII - The Force Awakens
If you are one of the millions eagerly anticipating the release of “Star Wars Episode VII – The Force Awakens,” then you may have seen BB-8, a rolling robot that is set to make its first film appearance in the Star Wars® movie franchise. While robots have appeared in prior Star Wars movies, BB-8 is believed to be the first actually portrayed by a real remote-controlled robot, rather than by an actor or a puppet or by using special effects, such as CGI. You may ask, how is this possible? Well, the answer may lie – at least in part – in a patent identified by several Star Wars super fans from Spain.
Learn how a gyroscope helped bring the BB-8 to life. Read more about Star Wars.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Star Wars Domain Names in the UK: Disney Regains Control
The Walt Disney Company, which acquired Lucasfilms and the rights to the Star Wars franchise for more than $4.06 billion in 2012, is getting its ducks in a row for “Star Wars: Episode VII – The Force Awakens,” which comes out December 18, 2015. As part of that process, it recently wrested back control of several Star Wars domain names in the United Kingdom from a third party who previously owned them.
In what was year the shortened .uk domain format introduced? Read more about Domain Names.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Gimme a Break: Kit Kat Loses Trademark Battle Over Shape of Chocolate Bar
Nestlé tried to trademark the shape of its popular Kit Kat bar overseas, but it just couldn’t get a break. After a UK court recently denied the company’s attempt to trademark the “shape of a four finger chocolate-coated wafer,” the British High Court also similarly refused to allow the trademark last week. In the case, Nestlé cited a survey that stated 90% of the participants recognized the bar as a Kit Kat when they saw it, without any wrapping. The court said that the bar’s shape was recognizable—but only in conjunction with the name that is printed on the bar.
Could you recognize any other candy bars outside their packaging? Read more about Kit Kat.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.
Fashion Law Series – Part I: Shoe Trademarks and Enforcement
Christian Louboutin. Charles Philip Pozzi. Chanel. Each of these fashion retail powerhouses has taken advantage of intellectual property law, particularly trademarks, in an attempt to protect their brand and their SHOES. Selling shoes in an industry that is worth billions of dollars, a growing number of fashion companies are exploring how to use intellectual property law to dominate the fashion industry.
How many retailers has Converse filed suit against? Read more about Trademarks.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.