The Moskowitz Firm | News
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  • 10 Jan Trademark Specimens and USPTO Quality Control

    Clients with new trademark applications and renewals pending may note TMF’s detailed/persnickety questioning regarding the proof of use (specimen photos) and dates of first use in interstate commerce.  In late 2019, the USPTO issued examination guidelines to ensure that the photos and screenshots submitted by Applicants......

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  • 10 Jan Copyright Office Clarifications

    The US Supreme Court took on copyrights in two major cases, the first reinforcing the importance of timely federal copyright registration. It unanimously held in Fourth Estate Public Benefit Corporation v. Wall-Street.com that copyright owners must obtain a registration from the United States Copyright Office prior to filing......

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  • 07 Jan Brand Endorsement

    As companies rely more heavily on social media for the promotion of their products and services, it’s important to note that Federal Trade Commission (“FTC”) advertising rules are not just for celebrity endorsers, but rather for anyone with a “material connection” to a brand.  Such a......

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  • 04 Jan Cannabis Branding

    With medical marijuana legal in 33 states and recreational marijuana legal in 11 of those states (including Illinois, which had over $3 million in transactions on January 1, its first day of legal sales), there is huge growth in the cannabis products market.  In turn, many......

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  • 03 Jan Trademark Infringement Damages

    Later this month, the US Supreme Court will hear a long-awaited case regarding the ability of the prevailing party in a trademark infringement suit to be awarded the profits earned by the infringer. While injunctive relief (i.e., a court-order to stop the infringing act) is......

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  • 02 Jan Evolving Privacy Laws

    As of January 1, the California Consumer Privacy Act (“CCPA”) is now live, and the patchwork of privacy regulations (including Europe’s General Data Protection Regulation (“GDPR”) and various state rules and proposals) continues to challenge businesses across the country to audit their own handling of......

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  • 05 Jan TMF On Air: the Download Down-Low

    TMF clients know that when they call or text the TMF number, they have a direct line to Suzann. But this year, besides a number of appearances of her words in print, her voice was immortalized in podcasts. The first was Alt Legal’s first not-safe-for-work......

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  • 05 Jan THE MOSKOWITZ FIRM is Not Yet a Registered Trademark

    While it may come as a surprise from a firm registering new marks all the time, delayed registration is common for brands consisting primarily of someone’s last name.  The USPTO generally refuses registration of surname marks on the Principal Register until the owner has conducted......

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  • 05 Jan Compliance Update

    Last year, the U.S. Copyright Office made it easier for owners of interactive websites to limit their liability through a $6 online method of getting the “safe harbor” benefits of the Digital Millennium Copyright Act (“DMCA”).  This remains an essential protection for those who allow......

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  • 05 Jan Amazon Expands Brand Registry Program

    If your goods are sold on online, you should know about Amazon’s newly expanded Brand Registry Program.   Owners of *registered* trademarks which include some text component are eligible for the program, which assigns the “true” owner (rather than any reseller) an alphanumeric Global Product Identifier (GCID) — even......

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