29 March

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Trademark Registration in the U.S. — Why a Complete Search Is Essential

Hello everyone, Today we’ll discuss why conducting a trademark search is essential before registering a trademark. Establishing and protecting a brand is one of the most important steps a business can take. A strong trademark can be a valuable business asset, helping to distinguish your products or services in a crowded marketplace. But before investing in a name, logo, or slogan, you must ensure that your mark is available and legally safe to use....

02 March

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The American Rule in Legal Fees: Why Each Party Pays Their Own Lawyer

Posted by Ernest Goodman

in Civil Procedure, Copyright Law, Entertainment Law, Legal erhics, Pro Bono Work, Trademark Law

The American Rule is intended to encourage access to the courts. If losing a case meant automatically paying the other side’s legal fees, many people might be afraid to pursue valid claims. This rule ensures that litigation is not just a tool for the wealthy. However, critics argue that it allows frivolous lawsuits to flourish since plaintiffs do not face the risk of paying the defendant’s attorney’s fees if they lose....

02 March

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Descriptive Trademarks: The Challenges of Registration

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Descriptive trademarks, therefore, occupy a middle ground. Unlike generic terms, they can achieve trademark status, but unlike suggestive marks, they do not start out with inherent distinctiveness. To be protectable, a descriptive mark must cross a threshold where the primary significance in the minds of the consuming public is not the product but the producer. This is the concept of acquired distinctiveness or secondary meaning....

11 February

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The Crucial Role of a Certificate of Clearance in Film Financing: Insights from Lawyer Ernest Goodman

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Financiers and distributors are pivotal in transforming screenplays into cinematic realities. However, their support comes with a caveat: a strict adherence to legal assurances. Without a certificate of clearance, these entities fear the legal repercussions of copyright infringement, which can lead to costly lawsuits and project derailments. Hence, they typically refrain from financing projects lacking this essential document....

10 February

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How to Sell Your Screenplay at a Major Film Festival (Santa Barbara, Sundance, etc.)

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Selling a screenplay at a festival is about relationships, persistence, and strategic networking. Don't go expecting to sell on the spot—focus on making connections that lead to future opportunities. By researching attendees, preparing your pitch, and networking effectively, you can increase your chances of getting your screenplay into the right hands....

10 February

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Copyright and AI-Generated Works: What You Need to Know

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

The rise of artificial intelligence in content creation has raised complex legal questions, particularly regarding copyright ownership and intellectual property rights. The U.S. Copyright Office and courts have consistently held that copyright protection applies only to works created by human authors. This means that works fully generated by AI—without substantial human creative input—are not eligible for copyright under current law....

09 February

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Increased Enforcement of IP Infringement in the Age of AI – Know Your Rights

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Patent Law, Trademark Law

Copyright owners are also aggressively enforcing their rights through AI-powered searches. Many demand letters accuse content creators of using copyrighted images, videos, music, or text without permission. Even small portions of copyrighted material can trigger enforcement actions....

26 January

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Trademark Clearance for Fiction Writers: Navigating Nominative Fair Use

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

When writing fiction, authors often incorporate real-world brands, products, and trademarks to lend authenticity to their stories. For instance, a character might drive an old Ford pickup, sip Coke at a restaurant, or even own a vintage airplane. While this adds realism, it raises legal questions about trademark use....

11 January

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PTAB Patent Proceedings Overview

Posted by Ernest Goodman

in Patent Law, Trademark Law

PTAB proceedings, such as IPR, PGR, CBM, and derivation proceedings, provide an efficient way to resolve disputes over patent validity and patentability. These proceedings have become an essential tool for maintaining patent quality and ensuring that invalid patents do not impede innovation....

24 November

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Creating an Intellectual Property (IP) Portfolio: Lessons from Mayo and Myriad cases

Posted by Ernest Goodman

in Patent Law, Trademark Law

The Mayo and Myriad rulings emphasize that just isolating a natural substance or applying a law of nature to a process is not enough to secure patent protection. These decisions have significantly affected how companies approach the creation of an IP portfolio, particularly in the life sciences and biotechnology sectors. With this context in mind, building an effective IP strategy today requires careful consideration of patent eligibility and an understanding of the legal landscape shaped by these key rulings....