Registering a trademark for your brand is only the beginning. If you want to achieve real commercial success with your great idea, you will probably need to get other individuals or companies involved with the manufacture or sale of products bearing your trademark. » Read More

When a restaurant name is licensed, how does the owner properly compute a trademark royalty?  Should a higher royalty be set for a famous mark?  These issues were decided recently by the New York Supreme Court in Ganzi, Gary C. et al. » Read More

Last week, my partners, Danielle DeFilippis and Deanna Koestel, and I had the pleasure of attending The New Jersey Food & Beverage Summit hosted by NJBIZ.  Our firm sponsored the event.  We enjoyed a series of informative panel discussions, as reported in our last post, as well as the exhibits put on by a wide range of food manufacturers, vendors, and students of food science.  » Read More

We are excited to present the breakout session, “Appetite for Branding,” during the FoodBiz NJ conference, sponsored by NJBIZ, on Tuesday, April 24, at The Palace at Somerset Park in Somerset. Along with Esther Psarakis, Managing Partner of Foodpreneur, we will discuss the business and legal challenges of branding in the food and beverage industry, and protecting restaurant decor. » Read More

The long and complicated battle over the Havana Club brand of rum continues, as recent action by the US government demonstrates a departure from long-standing policy against registration of confiscated trademarks — in this case a mark confiscated by the Cuban government during the Cuban revolution. » Read More

Get ready to hear rousing renditions of Happy Birthday to You (“Happy Birthday”) on TV shows, in movies, and at your favorite local restaurant.  A federal judge on Tuesday ruled that Warner/Chappell Music (“Warner”) does not hold a valid copyright in the famous birthday song, determining that the lyrics to the song were not protected by copyright, and thus the song is part of the public domain. » Read More

The launch of Donald Trump’s presidential campaign this week came with a mistake frequently made by political candidates — using a musician’s song without his or her permission.  Trump used Neil Young’s “Rockin’ in the Free World” at his presidential campaign launch without Mr. » Read More

Chipmaker Qualcomm, Inc., is unhappy with new policies set by the Institute of Electrical and Electronics Engineers (“IEEE”), and as a result has indicated it is rethinking its participation in the Institute.  The IEEE sets industry standards for Wi-Fi, including the royalty rate paid by companies such as Apple, Inc., » Read More

The U.S. Copyright Office released a report last week detailing its findings on, and recommendations to improve, what it calls “the aging music licensing framework.”  Acknowledging that many in the music industry consider the licensing system to be broken, the “Copyright and the Music Marketplace” report undertook an exhaustive review of the music  licensing process, including a focus on music steaming services.  » Read More