Anthony Cartee

  • Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite

    Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite

    Anthony Cartee

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    Copyright Infringement Claims in the Realm of Arbitration Copyright registration – In order to bring a copyright infringement claim in arbitration, the copyright owner must first register their work with the U.S. Copyright Office. Without registration, the copyright owner may not be able to recover statutory damages or attorney’s fees. Unlike the United States Patent Act, the Copyright Act of 1976 does not contain any provisions for the arbitration of copyright validity or infringement claims. As a result, it has only been recently that courts have made it clear that federal law does not explicitly forbid the arbitration of the… Read More

  • A Rose By Any Other Name … But Likely Not a Trademark

    A Rose By Any Other Name … But Likely Not a Trademark

    Anthony Cartee

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    Trademark a plant? Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have bred and created be trademarked? Can You Trademark a Plant? Generally, the answer is no. It is nearly impossible to trademark a plant. Varietal or cultivar names are designations given to cultivated varieties or subspecies of live plants or agricultural seeds and they amount to the generic name of the plant or seed by which such variety is known to the consumer. In re Pennington Seed Co. (2006) 466 F.3d 1053. The Ineligibility of… Read More

  • Trademark Modernization Act of 2020: Increasing Protective Measures

    Trademark Modernization Act of 2020: Increasing Protective Measures

    Anthony Cartee

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    What is the Trademark Modernization Act of 2020? The COVID-19 pandemic has brought about significant changes across our lives, including—believe it or not—in the realm of trademark law. On December 27, 2020, the “Trademark Modernization Act of 2020” (the “Act”) became law, as part of a COVID-19 relief and spending bill. If you are thinking about embarking on the journey to owning a trademark or are currently a trademark owner, here are some of the most important aspects you need to know about the recently passed bill. How Does the Trademark Modernization Act of 2020 Fight Fraudulent Applications? First and… Read More

  • No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury

    No Damages, Big Problem: Infringement Claims Lacking Cognizable Injury

    Anthony Cartee

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    No Damages, No Case? The Importance of Cognizable Damages in Trademark Infringement Claims In a highly competitive marketplace, established companies sometimes use a variety of means to suppress emerging companies and its branding that may or may not threaten their own market share. Often, lawsuits for trademark infringement claims end upon enjoining the defendant infringer. However, companies always press for monetary damages as well, but a prevailing plaintiff is not automatically entitled to such an award. See 15 U.S.C. § 1117(a). As an accused infringer, it is important to be aware of options that may be useful in defending yourself… Read More

  • Fair and Foul in Tech and Copyright

    Fair and Foul in Tech and Copyright

    Anthony Cartee

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    In a world of bustling creativity and a thriving technology industry, it is essential for businesses and startup companies to be wary of copyright issues. Generally, copyright protection is automatic and provides the author exclusive rights to reproduce and distribute the work. However, copyright owners are only entitled to bring a claim for infringement against others if they have registered their copyrighted work. Those who do can then go after infringers who face statutory penalties and damages ranging from $500.00 to $150,000 per work for willful infringement. This does not include other remedies including infringer’s profits, injunctions, actual damages, and… Read More

  • Copyright After Death: Ensuring Your Legacy Lives On

    Copyright After Death: Ensuring Your Legacy Lives On

    Anthony Cartee

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    Copyright After Death Copyright after death – In general, copyright protection exists during the lifetime of the creator and for a certain period of time after their death. The duration of this posthumous protection may vary depending on the country and the type of work, but it typically lasts for several decades. During this time, the copyright is usually managed by the creator’s estate or by a designated representative. It is important to note that copyright laws differ between countries, and it is recommended to seek legal advice for specific cases. Life, Death, and the Pursuit of Copyright Copyright after… Read More

  • LLC Withdrawal and the Operating Agreement: Know Where the Exits Are Before Creating Your LLC

    LLC Withdrawal and the Operating Agreement: Know Where the Exits Are Before Creating Your LLC

    Anthony Cartee

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    LLC Withdrawal and the Operating Agreement – The limited liability company (“LLC”) has become one of the most desired forms of a closely held business organization. As an unincorporated business entity, the LLC is favored because of its pass-through tax treatment as well as its maximum operating flexibility. However, an LLC also demands a well-written and comprehensive operating agreement, especially when it comes to the withdrawal or dissolution of a member. The Power to Dissociate and Member LLC Withdrawal In 2014, California passed the Revised Uniform Limited Liability Company Act (RULLCA), which provides that a member generally has the power… Read More

  • Nominative Fair Use: One Defense Against a Brand Bully

    Nominative Fair Use: One Defense Against a Brand Bully

    Anthony Cartee

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    Understanding Brand Bullies On top of today’s extremely competitive market, small businesses may be also dealing with a “brand bully.” Also known as a trademark bully, a brand bully is a company that resorts to litigation and uses its trademark rights to harass and intimidate another business without a sound legal basis. These companies often file oppositions against marks or the use of their alleged mark that would not directly or substantially damage them. The brand bullies primarily rely on their “fame” or “strength” of their marks, and the smaller business’s lack of resources for prolonged litigation. Typically, these brand… Read More

  • Why You Need To Maximize Your Copyright Protection Early

    Why You Need To Maximize Your Copyright Protection Early

    Anthony Cartee

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    Why You Need to Maximize Your Copyright Protection Early Copyright is a form of protection grounded in the U.S. Constitution granted for original works fixed in a tangible medium of expression and therefore exists the moment your work is created. 17 U.S.C. Code § 102. But you also have the option of registering the copyright of your original work with the Copyright Office. Why do so if you already have a copyright simply by virtue of creating something? There are several advantages as well as tips as to how to maximize such protection. Advantage #1: The Right to Pursue Copyright… Read More

  • When Unprotected Elements In Trademarks And Copyrights Get You In Hot Water

    When Unprotected Elements In Trademarks And Copyrights Get You In Hot Water

    Anthony Cartee

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    Trademark and Copyright Issues to Consider With Sales of Athletic Goods and Apparel When can a generic design rise to an infringement of intellectual property rights? A common and growing occurrence comes when one takes an attribute of a famous athlete (like a number), puts it with that athlete’s team color scheme, and the next thing you know, someone is claiming a likelihood of confusion. Such apparel that strive to simply use generic designs, but combine well-known elements that might implicate the rights of a famous athlete or clubs best beware that they are touching on issues that go into… Read More