Hot Girls Read, and Understand Trademark Law
Hot Girls Read…but do they understand trademark law? Enemies-to-lovers tropes, slowburn stories, and spice level ratings may not mean anything to the common internet user but the romance-book-loving community of TikTok, self-styled “BookTok”, created a whole world of meaning around these phrases. Often appearing on merch, coffee mugs, bookmarks, hoodies, etc., sold on Etsy, these phrases have meaning and value because of their common and repeated use in the online “BookTok” community. A trademark controversy erupted in the community this year, not involving any […]
A Piece of Cake? Understanding the Limits of Copyright Protection.
Understanding the Limits of Copyright Protection. The famous social media application, TikTok, has served the drama in the baking community over the last few weeks. Tears were shed, and apology videos were made, all over a Fruity Pebbles cake pop recipe. Cake by Kaity, a well-known “cake popper” in the community, has claimed copyright protection […]
The Importance of Trademark Monitoring
Trademark Monitoring: Why Registration isn’t the Finish Line. Once the owner of a trademark files a trademark application and receives the green light of registration from the USPTO, it is tempting to believe the work is done. But this is simply the starting point for a trademark. Having a strong trademark policing plan is essential to ensure continued success with the USPTO. In […]
FTC to Vote on Federal Non-Compete Ban in April 2024
The legal landscape is shifting. In 2023, the Federal Trade Commission proposed a new rule which, if passed, will make non-competition agreements unlawful in employment contexts. Back in April 2023, Darkhorse partner Jacob East addressed the proposed regulation. Now, over a year later, the FTC will hold an Open Commission Meeting on April 23, 2024 […]
Intellectual Property Contracting 101: Basics for Business Owners, Contractors, and Creatives
Intellectual property contracts can be daunting, and, as a business owner or creative, it can be difficult to know where to start. Whether you are a business owner, a contractor, or a creative, understanding how to properly address an IP agreement is crucial and can help minimize the risk of future disputes. Further, using the […]
Building a Brand II: Fair Use & What A Trademark Actually Protects
The first post in our Building a Brand series focused on explaining what trademark protection is and why businesses should obtain a federal trademark registration. In this follow-up, we cover what others can and cannot do in regard to your trademark. A federal registration instills nationwide protection in your brand, providing you nationwide rights to use that […]
Generative AI & Copyright Law: Viewing the Legal Landscape
The term “artificial intelligence” is no longer confined to the pages of science fiction or the runtime of Blade Runner. But don’t let that fool you. AI has been a part of our lives longer than you may realize. From email automations to voice command search tools like Alexa or Siri, AI has become a prevalent […]
ADA Website Defense 101: What to do When Someone Claims Your Website Discriminates Based On Disability
“Many [ADA Website] lawsuits lack merit and are intended to bully your business into a nuisance value settlement.” So you’ve received a letter, or worse a complaint, alleging that your business’s website has violated Title III of the Americans with Disabilities Act. ADA website lawsuits can be scary, but you are not without options. First and […]
Law Student Opportunities: 2024 1L Summer Internship & Law Clerk Spotlights
Applications for the 2024 1L Summer Internship are due by 5:00 P.M. on February 15, 2024. See below for details. We are excited to announce that we are now accepting applications for the 2024 1L summer internship at Darkhorse Attorneys. Each summer, from June to July, Darkhorse hosts law students who recently completed their 1L […]
How to Answer a Copyright Cease & Desist Notice
Experienced Copyright Attorneys Serving Clients Throughout the United States If you’ve just received a cease and desist letter accusing you of copyright infringement, we’ve got the answers you need. At Darkhorse Attorneys, we have provided copyright defense services to countless individuals and businesses. We know that, in many cases, attorneys who send copyright demands use […]