Copyrightable Features in Useful Articles – Working the Problem after Star Athletica

Before Star Athletica vs Varsity Brands was decided, we filed a copyright application for a sculptural work.  A few months later, the Supreme Court published its decision in Star Athletica and the Copyright Office rejected the application on the basis that it “includes functional [i.e., useful article] elements” and “does not contain any copyrightable sculptural […]

Giordano, Halleran & Ciesla Names Melissa V. Skrocki Shareholder

Giordano, Halleran & Ciesla, P.C., is pleased to announce that Melissa V. Skrocki has been named Shareholder to the firm. Melissa Skrocki focuses her practice on counseling business clients through various transactions with an emphasis on contractual and intellectual property issues. Her business law practice includes the representation of clients in contract negotiations, confidentiality agreements, […]

Oracle v. Google – Interoperability and Copyright Infringement

If you thought that you could do whatever you needed to do to achieve interoperability and be safe from copyright infringement, think again.  The Federal Circuit’s ruling last Friday in Oracle v. Google puts a finer point on the limits of interoperability as a defense to copyright infringement. Quick Background (if you know the facts […]

Can the Town Make Me Change My Sign?

A business’ signage can be one of the most distinctive characteristics of its brand and one of its most important assets.  This is especially true when the sign display’s the business’ federally registered trademark and color is a feature of the mark.  But what happens when that brand runs afoul of state and local laws? […]

Avoiding The Hack: Credit Card Data Security Measures Of Merchants

Today there was news of yet another credit card being hacked. Instead of a large scale hack, it was the President of PayPal who was victim to a hacker’s shopping spree.  Given all of the security breaches on credit cards lately, I thought it might be helpful for our readers to have a primer on […]

Christopher J. Marino To Moderate Panel At CMJ Music Marathon On Friday, October 18, 2013

Christopher J. Marino, Esq. of Giordano, Halleran & Ciesla, will be the Moderator of a panel titled “The DIY Paradox” at the Entertainment Business Law Seminar, part of the CMJ Music Marathon. To learn more, click here.

Round Up – Things You May Have Missed (including some good summer cocktail banter material)

Cyber Security Report – Earlier this year, Verizon released viagra femme france montreal its 2013 Data Breach Investigations Report.  The report analyzes and presents data regarding the current state of various data breaches and network attacks.  Some of the results are surprising.             92% of breaches are perpetrated by outsiders             19% of breaches are […]

Happy World Intellectual Property Day!!!

Happy what (I hear you say)???  Yes, April 26 is World Intellectual Property day! The event gets its date from the date on which the World Intellectual Property Organization (WIPO) was founded in 1970.  As far as I can tell from the WIPO archives, this has been an annual event since at least 2001.  There […]

How to Choose a Product Name – Most Common Mistakes

Many businesses struggle when choosing a new brand for their product or service.  Over the years, I’ve identified a number of frequently repeated mistakes I’ve seen companies make in the brand selection process.  You can download and/or listen to them in my new podcast.  I hope you find it helpful.

ICANN Unveils New Trademark Clearinghouse

ICANN recently revealed information about the new trademark clearinghouse that will be used to help trademark owners protect their brands in connection with the pending introduction of new generic Top-Level Domains (gTLDs).  Here is a nutshell summary of what you need to know: When Does it Start? The trademark clearinghouse is slated to open its […]

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