There are numerous potential landmines awaiting those seeking to secure federal registration of their valuable company trademarks. The need to beware cannot be overstated. A trademark owner does not want to find out after spending the time and money to secure a federal registration that the protection received has been rendered void. While the minefield …
PROVE IT! – The Need To Maintain Trademark Use Evidence Read More »
A. F. DAVIS LAW is quite pleased to announce that its founder and lead attorney Al Davis has been selected by Houstonia as a “Top Lawyer” 2016 honoree in the area of intellectual property rights. Each year, Houstonia recognizes accomplished lawyers in various areas of practice who are making an impact in their professions. …
Best of Houstonia 2016 Top Lawyer – What A Wonderful Honor! Read More »
I’ve been practicing intellectual property law now for over twenty years. In that time, I have received many calls from individuals and companies alike who feel that their artistic expression has been copied. Understandably, seeing or hearing what one feels is an infringement of one’s hard work causes anger and frustration. And…a desire to sue. …
IF YOU COME FOR QUEEN BEE, YOU’D BETTER COME CORRECT! (Copyright Suit Dismissed) Read More »
You’ve done some research and you’ve found out that in the United States you own your copyright in your creative work when you memorialize it in a “tangible medium of expression.” Therefore, you don’t need to register your copyright with the Copyright Office in order to say you own the copyright. True. But, one of …
Don’t Wait to Register Your Copyright! – Lessons From NBA 2K Video Game Case Read More »
Is it better to beg for forgiveness than to ask and get turned down? Well…in the music context…let’s see. On July 19, 2016 at 7:37pm, the renowned 2000 Rock & Roll Hall of Fame Inductees Earth Wind & Fire tweeted: “Another unauthorized use (September) at the Republican Convention, against our wishes.” Earlier that day, at …
“I Got a License!” (Music Use – Why Are Political Campaigns Getting It So Wrong?) Read More »
I have an interesting hypothetical for you. Let’s say you’re a music producer and you want to sample just a small portion of a song you think is hot. You plan to play around with it so it doesn’t sound exactly like the original. You’re going to add so many musical elements to and around …
BATTLE OF THE BEATS (The Law of the Circuits is in Conflict) Read More »
A word of caution: attorneys’ fees cut both ways! Often plaintiffs bring copyright infringement claims expecting to win a big verdict (or settlement) which may include all or some portion of attorneys’ fees as provided by U.S. Copyright Law. The award of such fees are discretionary. Recently, both the Southern District of New York and …
Santa Claus Is Comin’ To Town!!!! YES HE IS! Oftentimes, creative people don’t spend much time thinking about protecting their creations. And, when they do, the legal budget is kept quite small because, unfortunately, many believe they can just“get some boiler plate off the Internet.” A recent New York City lawsuit provides a cautionary tale regarding why such …
