Who Owns the Trademark─Manufacturer or Distributor?

Generally, when two different entities both claim to own an unregistered trademark, courts will employ what is known as the “first-use” test to determine ownership. The first-use test is based on the common property maxim: “first in time, first in right,” and awards...

Can You Sell a Sex Doll that Looks Like Marilyn Monroe?

According to a company that makes custom-made sex robots, Marilyn Monroe is the most frequently requested celebrity for one of its robots. While the company will produce something similar, it refuses to make a true lookalike of Ms. Monroe, stating that it would need...

Address Copyright Ownership Issues in Writing

It is hard to imagine a business that does not own or use an asset subject to copyright protection. Copyright protection extends to eight non-exclusive classes of works: literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial,...

Can You Advertise Yourself As A Specialist?

Many professionals, like doctors, dentists, chiropractors or lawyers, may want to promote themselves as a “specialist.” The epithet conveys to potential clients that the individual is experienced and has advanced abilities. However, referring to yourself as a...