Copyright law is important and in my opinion an extremely important aspect of the art and creative world. Of course, some argue that copyright law is stifling and keeps artists from being able to fully express themselves through their work. No matter what side you sit on, the law is in place to protect the original works of authorship each …
Right of Publicity and the Social Media Influencer
What is the Right to Publicity? The right of publicity is defined as the individual’s right to control and earn a profit from the commercial use of his or her likeness, persona, and name. I will refer to this as the “identity” throughout the article. This particular body of law has been developed over the years as a way to …
Licensing Agreements Continued
I have mentioned licensing in previous posts, YouTube videos, and articles here on the website. But, I wanted to take a more in-depth look at licensing and help shed some light on why this might be something your business should consider when planning out the future. What does Licensing mean? Simply put, a licensing agreement is an arrangement between two …
Top 5 instances to use a Non-Disclosure Agreement (NDA)
As a business owner and entrepreneur, you are likely to come across many instances where sharing confidential information is a necessity. Things like client lists, buying practices, and even social media passwords and accounts might all be information you need to share, but would want to keep protected. In order to preserve that information as confidential, many businesses utilize Non-Disclosure …
Wu Tang Clan sues Woof Tang Clan:
Intellectual Property isn’t all transactional. And sometimes, it is actually really exciting. Near the end of 2017, Wu-Tang Clan rapper and producer RZA filed suit against a Brooklyn dog walker and his company Woof-Tang Clan for trademark infringement. The company claims they walk the “illest group of dogs in New York City” but unfortunately for them, RZA finds their name …
Descriptive business name? Not a good idea:
Distinctiveness is an important aspect of the trademark process. The USPTO does not grant trademark protection to a mark that is generic or merely descriptive. This, of course, is up to the interpretation of the examining attorney, and I have seen some applications denied based on descriptiveness even though I would never have thought so. So what can you do …
What the Fitness Industry Needs: An Attorney’s Perspective
I had been connecting with industry leaders for a few months, really making a push to get to know some of the top influencers and companies in the fitness industry. I had this itch to figure out what the heck they needed from an attorney. This was of course, before I launched my firm and set out to serve these …
All Your Trademark Questions Answered!
Filing for, and protecting your trademark or marks is arguably the most important thing to do when you start your business. A lot goes into picking a great brand name and logo. This includes finding an attorney to perform a proper search to see if that name is available for use. For the record, I do those types of searches- …
Terms of Service: Legally binding? Yes, if done properly
There seems to be quite a bit of confusion on the internet as it pertains to the terms of service most websites have you click before using the site. Or, as it is better known that pesky little “I agree” button. Are they legally enforceable? Is it a binding contract? Do I have to actually do what the terms say? …
Do you work with brands? Influencer Marketing Agreements
I’ve talked about this before on my various social media platforms. Which, if you aren’t following me you should—MontgomeryLawPllc on IG and Facebook. Actually, I’ve talked about it often. Influencer marketing has proven to be wildly effective. It is a regular practice for most marketers and brands. A recent survey showed that 86% of marketers were using influencer marketing just …