Be certain to know if the company owns the intellectual property an employee creates. Different types of #IP are treated differently if there is no assignment. bit.ly/45Yezus #IPTechknowledgy #hiredtoinvent #shoprights #workmadeforhire #trademark #copyright @IPNed

#SCOTUS rules 1st Amendment does not trump #trademark registration prohibition on using another’s name. Justices diverge on what matters most as support. bit.ly/3xBn6H0 #Elster #USPTO #namesclause #historyandtradition #trumptoosmall #IPTechknowledgy @IPNed

Assume #livestream #video is protected by #copyright and assume you cannot copy or reuse it without permission. It may be possible that the video is not protectable, or you have a fair use. bit.ly/3VFRqcQ #IPTechknowledgy @IPNed

#SCOTUS rules that #copyright #damages are no longer limited to three years. This may seem like good news for plaintiffs, but the case may ultimately have little impact. bit.ly/3yojxnN #IPTechknowledgy #WarnerChappell #Nealy #17usc507#b @IPNed

Initial court rulings on artificial intelligence programs are not immediately finding that #AI #infringes on the materials used to train their knowledge base. bit.ly/3Unawm3 #IPTechknowledgy #artificalintelligence #copyright #infringement @IPNed

In #copyright infringement cases, a successful defendant could obtain attorney’s fees from plaintiff. Defendants could use this as leverage against an oppressive plaintiff. bit.ly/3JmzjBV #IPTechknowledgy #copyrights #attorneysfees #Fogerty @IPNed

There are options for how to register #trademarks outside the US: through the# USPTO or hire local counsel. bit.ly/3J4Yh8x #IPTechknowledgy #MadridProtocol #wipo @IPNed

Be aware of the intellectual property law implications of the more permanent migration from #seminars to #webinars. bit.ly/3vnPmvH #IPTechknowledgy #trademarks #copyrights @IPNed

Data is likely a component of most every #transaction. Be exacting in how the #agreement deals with the ownership and use of #data. bit.ly/49ZDBKC #IPTechknowledgy @IPNed

Right of publicity may (or may not) be considered Intellectual Property under Section 230. Takedown notices and liability for website publication depend on state law and choice of venue. bit.ly/3OS1fkc #rightofpublicity #Section230 #NIL #CDA #IPTechknowledgy @IPNed

Trademark owners should always use a #trademark as the #brand of the product or service, and not to describe an aspect of the offering or as its generic name. Careless usage could weaken the mark. bit.ly/3Ic8obr #generic #descriptive #genericide #IPTechknowledgy @IPNed

Damages under the MD Uniform Trade Secrets Act are available in excess of a liquidated damages limit in the parties’ non-competition agreement. bit.ly/3UeGZNg #IPTechknowledgy #MUSTA #tradesecrets #liquidateddamages

It’s the #playoffs! Be careful using your team’s #logo or other #trademarks for your own business purposes. Don’t use a player’s #name, #image or #likeness without permission. Go #Ravens! bit.ly/47wu4ZY #IPTechknowledgy #LamarJackson #MVP #OBJ #NFL #NIL @IPNed

When #collaborating on #creating new Intellectual Property, focus on the seemingly backwards concept of whether the new IP needs to be licensed back to the developer-creator-inventor. bit.ly/3tjydCl #IPTechknowledgy #IP #intellectualproperty #license @IPNed

Without an agreement otherwise, the hired #photographer owns the #copyright of pictures taken at an event, not the hiring party or host. tinyurl.com/mrxw8sua #IPTechknowledgy #workmadeforhire #infringement #mollygetsgiddy @IPNed

There are various ways to stop online attacks of a business, although success depends on what is said, and the platform where it is posted. bit.ly/49lnOGA #onlineattacks #defamation #communitystandards #IPTechknowledgy @IPNed

#Trademark registrations can be amended to reflect how goods or services are delivered, but only in situations when the #technology of the delivery method has evolved. bit.ly/3S9DRB1#IPTechknowled… #trademarks #USPTO #petitiontocommissioner @IPNed

An Intent-to-Use #trademark application usually is not assignable. Plan ahead or know how to avoid the dilemma. bit.ly/48I8Jyw #IPTechknowledgy #Intenttouse #ITU @IPNed

The purveyor of #software should know what rights it holds and what rights it is granting. Most software grants are #licenses, not sales. An agreement should use words that make this clear. bit.ly/3LuQIcZ #IPTechknowledgy @IPNed

Consider the duration of #technology agreements, and how to exit if things don’t work out as expected. Sometimes the problems don’t rise to a #breach. bit.ly/3EvCCEs #terminationforconvenience #IPTechknowledgy #IPNed