All Things IP – A blog about intellectual property including trademarks, copyrights, domain names etc.

Trademarks

When Is a Trademark Distinctive?

May 18, 2023May 18, 2023David Malick

The word “distinctive” has special meaning in the world of trademarks. A brand must be “distinctive” to perform as a trademark before the United States Patent and Trademark Office (“USPTO”).…Continue readingWhen Is a Trademark Distinctive?

Copyright

Filing an Application for a Copyright Registration

April 19, 2023April 19, 2023David Malick

It is not necessary to file for a copyright registration to obtain a copyright. For works created after January 7, 1978, a person has a copyright on a work once…Continue readingFiling an Application for a Copyright Registration

Copyright

Who Owns the Copyright in a Work?

March 29, 2023March 29, 2023David Malick

The short answer is that the person, or persons, who created the work—the author(s) of the work—own the copyright to the work. The longer answer is that a copyright might…Continue readingWho Owns the Copyright in a Work?

Copyright

A Bundle of Rights

March 20, 2023March 20, 2023David Malick

The owner of a copyright has a bundle of exclusive rights in the copyrighted work including the right to: This bundle of rights belongs to the owner of a copyrighted…Continue readingA Bundle of Rights

Copyright

What is a Copyright?

March 17, 2023March 17, 2023David Malick

Broadly speaking, a copyright is a kind of intellectual property designed to protect an “author’s” original work fixed in any tangible medium of expression. The author might be the creator…Continue readingWhat is a Copyright?

Domain Names

Dealing with Domain Name Disputes

March 17, 2023March 17, 2023David Malick

What do you do when you discover that someone is using a domain name to confuse your customers, draw potential customers away from your website for their own commercial gain,…Continue readingDealing with Domain Name Disputes

Trademarks

The following link is to a video describing what a trademark is:

March 17, 2023March 17, 2023David Malick

https://drive.google.com/file/d/17DPCn-ECNTkZWcUnmIIlRbr4ShOE6C7_/view?usp=share_link

Trademarks

FILING A TRADEMARK APPLICATION

June 10, 2022June 10, 2022David Malick

You may file an application for a trademark registration with the United States Patent and Trademark Office (“USPTO”) if you are not a lawyer. However, the process may be a…Continue readingFILING A TRADEMARK APPLICATION

Trademarks

Ten Reasons to Register a Trademark

October 13, 2020October 13, 2020David Malick

If trademark rights in the United States of America (“USA”) are based on your use of a trademark rather than your registration of a trademark (see “Use It or Lose It”),…Continue readingTen Reasons to Register a Trademark

Trademarks

Use It or Lose It

October 7, 2020October 9, 2020David Malick

In most countries, and especially in the United States of America, it is not the registration of a trademark that gives you legal rights but the use of a trademark…Continue readingUse It or Lose It