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Law Office of Barbara I. Berschler

In addition to advising my clients about general business matters associated with business formation and operation, I counsel for-profit and not-for-profit organizations about the protection and use of intellectual property.
Law Office of Barbara I. Berschler has written 35 posts for All Rights Reserved Blog

Did You Know: Open Source Software (“OSS”) Is a Major Player in Software Development & Use

The open source software (“OSS”) revolution affects most software applications. To avoid risks of violating the creator’s licensed conditions, business owners and developers should know whether any OSS is present and under what terms it may be used. Continue reading

USPTO TO INCREASE TRADEMARK FILING AND OTHER FEES

USPTO proposes to increase some of filing fees for the trademark registration process & for Notices of Opposition to the TTAB. Continue reading

REDSKINS EYES SUPREME COURT TO OVERTURN TRADEMARK DISPARAGEMENT RULING

To update my earlier blog [Blog] concerning whether Section 2 (a) of the Lanham Act, 1946, which restricts federal registration of trademarks  found to be scandalous or disparaging, will withstand challenges to its constitutionality, the Redskins football team has raised the ante by its unusual petition to the Supreme Court. In the petition, the Redskins suggests … Continue reading

LED ZEPPELIN TO DEFEND “STAIRWAY TO HEAVEN”

DISPARAGEMENT ISSUE IS FRONT & CENTER FOR USPTO TRADEMARK REGISTRATIONS

Section 2 (a) of the Lanham Act, 1946, 15 U.S.C. Sec. 2 (a), which restricts the registration of trademarks found by the USPTO to be scandalous or disparaging, was determined to be unconstitutional on the basis of the First Amendment by  the Court of Appeals for the Federal Circuit in a case (In re Simon … Continue reading

THE POWER OF LOGOS AND COLOR

In a recent blog, Larry Bodine, a web and marketing guru, offers great advice to business owners when choosing the “look” of their logo/trademark. He provides information as to how some large companies came to adopt their famous marks, their investment expenses along with examples of  famous logo faux pas.  Larry’s blog re-enforces a message … Continue reading

The IP Issues Faced by Fonts/Typefaces

Source: The IP Issues Faced by Fonts/Typefaces This is a most informative article about a subject that few focus on, yet has big ramifications.  Who really does think about the font style that they use on their website and other media?  Well as Evan makes clear, you need to!! Barbara Berschler

WHY ARE THE SAN DIEGO CHARGERS TAKING PRE-EMPTIVE ACTION TO PROTECT THEIR RIGHTS IN FUTURE TRADEMARKS?

The football world is abuzz with the possible relocation of the San Diego Chargers to Los Angeles. How will Chargers protect trademarks they will need if they move? Answer: file intent to use application with the USPTO. Continue reading

WHO OWNS THE COPYRIGHT IN A FILM?

Because many creative people participate in the making of an artistic, documentary or commercial film, in order to exploit the film efficiently, it is critical to pinpoint who owns the copyright in the finished work as well as in the raw footage. To address the problem, Congress adopted a mechanism in the Copyright Act which treats any such contribution as a work-made-for-hire. In a perfect world, that should solve the problem. But what if one of the major contributors, (i.e., the director or an actor) fails to sign such an agreement? Would the producer be helpless and subject to the vagaries of competing claims to the film’s copyright? Not according the 2nd Circuit in a recent decision. Continue reading

Can You Learn Anything from Monster Energy’s Run-In with the Beastie Boys?

The Beastie Boys band sued Monster Energy Company for it’s use without permission of 5 songs by the Beastie Boys and verbal references to the band and a member, Adam Yauch, in a promotional video. The trial judge strongly criticized Monster’s negligible music licensing procedures. The one-sided victory of the Beastie Boys for copyright infringement and false endorsement has led to Monster being found financially liable for damages and attorney fees. Continue reading