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When Should I Use the Trademark Symbols?


Sometimes I get into the nitty-gritty of complex legal issues. Other times I go back to basics. This is one of the “Back to Basics” posts, in answer to a question I get on a regular basis: When Should I Use the Trademark Symbols?

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Trademark Dispute: Yelp Sues Over Fake Reviews


Last year, I wrote a post titled Can a Business Prevent Bad Reviews? about California’s so-called Yelp law.  Now Yelp itself has entered the legal arena by filing a lawsuit in a trademark dispute against a company who’s attempting to profit off of fake restaurant reviews. What can companies do about fake or fraudulent online reviews?

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Copyright Question: Who Owns the Left Shark?


The 2015 Super Bowl (or Super Bowl XXVZPDQ or something) has generated a legal controversy. No, Seahawks coach Pete Carroll is not being sued for his terrible play calling. Rather, we’ve learned that Katy Perry’s attorneys have sent out a copyright cease and desist letter related to the infamous Left Shark. Does copyright law protect the image of an awkwardly dancing person in a shark costume?

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Copyright Transformative Use Issue: Where Are We Now?


I’ve written about Fair Use before (to see some of my previous posts on the topic, check out my blog’s handy new search function.) The hottest topic in fair use these days is, without question, the copyright transformative use issue. What does it mean to say the use of someone else’s copyrighted work is “transformative,” and how are the courts ruling on this topic?

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