Q & A – Is fan fiction copyright infringement?

Link to the original post on Quora! Q: If I write a fanfic of original content and private messaged to a friend instead of posting it online, is it still an infringement of copyright? I’m new to writing and I think my fanfic is too close to the original, and a lot of...

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Pro Surfers Should Trademark Their Names

Or: Kelly Slater Trademarked His Name and So Should You Surfers are notoriously easy going. Passion for the sport come before exploitation for monetary gain. But if you’re serious about a career in surfing, you need to be serious about protecting yourself. When you...

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Q & A – Can I register an acronym as a trademark?

I often answer questions on Quora -- I'll be posting them on my site as a part of an ongoing Q&A to help you understand the basics of intellectual property. Q: Can acronyms get trademark protection? For example, "BMW" which stands for Bavarian Motor Works in...

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3 (very good) reasons you should get video game patents

Design patents can protect your UX/UI. The fastest growing segment of design patent filings is in the UX/UI space. If you’re serious about protecting your video game and your user experience, you need to think carefully about protecting all its original aspects. It...

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What is the trademark use requirement?

The trademark use requirement divides applications into two different types: “intent to use” and “actual use.” Whether you need to file an intent to use application or an actual use application depends on your “date of first use in commerce.” As with any legal...

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California Medical Marijuana and the Federal Government

Although medical marijuana is legal in California, the Federal government can still ruin your day (but probably won't). The State of  California Law I wrote a bit about this recently, but this piece includes a bit more historical context. As always, you should consult...

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California Weed Law

Who Needs a California Weed Lawyer? This is a growing area of law in California (where I practice), and I am confident there is need for an easy to digest resource to learn some of the basics of the California weed laws from a California weed lawyer. As with anything...

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What’s a valid trademark specimen?

Trademark Specimen - How To Do It Right (But Seriously, Talk To a Lawyer) It's been a while since I've posted, so it's high time I post yet another short blog entry that virtually no one will read! Let's talk about trademark specimens. With trademark clients, I find...

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Should you trademark a logo or a brand name first?

I am often faced with clients that need to know whether to trademark a logo or a brand name first. It's a question I get with some regularity, and I think it's worth writing a quick post about it. To kick this off, there are two broad categories of...

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