Monthly Archives: July 2012

Turning Lemons into Lemonade: How one Trademark Owner Protected its IP and Avoided being Branded a Troll

That old saying seldom rings more true than it does with the recent cease and desist letter sent out by Jack Daniel’s. It seems that Patrick Wensink, an author, used a cover for his book that was quite similar to the trademarked label of Jack Daniel’s. Rather than send him a scalding and legalistic attack letter, […]

Fair use? Remixing campaign videos and avoiding copyright trolls

When faced with a witty attack ad, nothing is faster and more effective than responding with remixed campaign video.  But don’t forget the details. In the heat of the remix battle, copyright infringement seems the least of your worries but a well planned DMCA take-down notice from a copyright owner can shut your opponent’s remix […]

“Don’t be a Clown Bro,” Heavy hitters weigh in on protection of pro athlete catch phrases

Can professional athletes’ get exclusive rights to catch phrases like “DON’T BE A CLOWN BRO,”?  OberIPwatch’s Scott Johnson says that if catch phrase is is associated with the athlete, a catch phrase can become part of the athlete’s persona. Johnson was quoted in Sunday’s Maryland Daily Record article by Matt Owings: “…their persona is a brand,” Johnson said. “I don’t […]