Since our last blog post, we’ve been on the lookout for other cautionary tales that highlight some basic aspects of trademark and copyright law.  Sadly, it didn’t take long, as highlighted in a recent post from The TTABlog® addressing the importance of getting your description of goods/services right. The application at issue was for the mark PITCHINGSMART and listed the services [for which registration was sought] as “entertainment in the nature of baseball games,” though the Applicant actually meant to apply for different services.  After immediately discovering the error post-filing, the applicant, who did not actually offer “baseball games” services, […]

Date posted: September 16, 2016 | Author: | Comments Off on No “Do-overs”: The Importance of Correctly Identifying Goods/Services in a Trademark Application

Categories: Blog Trademark

In terms of “return on investment,” the $55 fee of the Copyright Office to register a copyright is hard to beat.  Not only is registration generally a prerequisite to enforce a copyright, but failure to promptly register a copyright can significantly impair a copyright owner’s ability to obtain monetary relief in an amount sufficient to make enforcement economically worthwhile.  A “cautionary tale” will follow, but first… What’s He Talking About? Let’s review the basics of copyright damages. A successful plaintiff in a copyright infringement suit may have several monetary remedies available.  First, they may be able to recover actual damages […]

Date posted: August 23, 2016 | Author: | Comments Off on What’s $55 Really Worth (or, “If Only I had a Time Machine…”)

Categories: Copyright

Sorry, folks, no cheeky title here – this is serious business.  Theft of trade secrets is a significant threat to businesses, and the country’s economic growth – by some estimates, trade secret theft and economic espionage cost the U.S. economy tens, and perhaps even hundreds, of billions of dollars each year (see https://www.fbi.gov/news/testimony/combating-economic-espionage-and-trade-secret-theft). On the federal level, the primary weapon against such theft has been the Economic Espionage Act.  The Economic Espionage Act had a significant shortcoming, however – it only allowed for criminal and civil action to be taken by the federal government.  The actual victims of trade secret […]

Date posted: June 29, 2016 | Author: | Comments Off on The Defend Trade Secrets Act (DTSA)

Categories: Blog Development Employment Licensing News Software Licensing

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Danielson Legal is a boutique intellectual property and technology law firm in Cambridge, Massachusetts.

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