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Trademarks

The PTO, the First Amendment, and Disparaging (Re)Marks

Kelcey Patrick-Ferree Intellectual Property ACLU, First Amendment, Intellectual Property, Lanham Act, Patent and Trademark Office, SCOTUS, Supreme Court, Trademark, Trademarks, USPTO

By now, you have probably heard about the Washington Redskins “losing” their trademarks. But have you heard about the case that could change everything?

SEC seal

Crowdfunding On the Horizon

Kelcey Patrick-Ferree Business Law, Compliance, Internet Compliance, Crowdfunding, Emerging Growth Company, Funding Platform, JOBS Act, Jumpstart Our Business Startups Act, Public Law 112-106, SEC, Securities Exchange Commission, Small Business, Startup

The SEC has announced that it has adopted final rules (PDF) for crowdfunding, but that 1) the forms for registering as a crowdfunding portal are not effective until January 29, 2016; and 2) the implementing regulations do not go into effect until May 16, 2016, 180 days after they were published in the Federal Register.

Trademarks

Preventative Practices: Dodging Trademark Bullying

Kelcey Patrick-Ferree Business Law, Intellectual Property business law, enforcement, Intellectual Property, Preventative Practices, Trademark, trademark bullying, trademark dispute, trademark infringement

Various sticky trademark disputes have been in the news lately. From the dispute between Apple and Proview Technology to the dispute between the United States Olympic Committee and the knitting website Ravelry over the crafters’ use of the term RAVELYMPICS to local news stories about how devastating a trademark dispute can be to small businesses, trademark disputes are everywhere.

So what can you, as a small business owner, do to protect yourself from a dispute with a trademark bully? Take some good old-fashioned advice!

Pinterest for Business

Pinterest for Employers

Kelcey Patrick-Ferree Business Law, Internet, Social Media Allen Smith, Compliance, Copyright, Copyright Act, Copyright Office, Creative Commons, Employment, employment law, Fabuliss, Fair Use, Intellectual Property, Internet, Internet Law, Licensing, National Institute for Social Media, NISM, Pinterest, Sasha Westin, Social Media, Social Media Policies, Terms of Use, Web Sharing

I was recently interviewed for the Society for Human Resource Management article “Pinterest Might Facilitate Copyright Infringement.” Below for your viewing pleasure is the entire text of the email-based interview with Workplace Law Content Manager Allen Smith

No More Google

Legal Terms in Real Life: Genericide (Or: The Death of Google)

Kelcey Patrick-Ferree Intellectual Property, Internet Distinctiveness, Genericide, Google trademark, Intellectual Property, Legal Terms in Real Life, Service Mark, Trademark, trademark cancellation, trademark registration

Today’s Legal Word of the Day is “genericide,” from trademark law. Genericide has been in the news recently because of Arizona resident David Elliott’s lawsuit to cancel two of Google’s trademark registrations for the term “GOOGLE” (Reg. Nos. 2,806,075 and 2,884,502). Black’s Law Dictionary (8th Ed.) defines “genericide” as: “The loss or cancellation of a trademark that no longer distinguishes the owner’s product from others’ products.”

Protect My Idea

How Do I Protect My Idea? Patents Revisited

Kelcey Patrick-Ferree Intellectual Property How Do I Protect My Idea?, Intellectual Property, non-obvious, non-obviousness, Novel, novelty, Patent, useful, usefulness

You have a brilliant idea. With all your might, you are making it grow. You nurture it with your time, your energy, your hopes, your sweat, your dollars and your dreams. This idea? Its time has arrived. When you have put so much creativity, time and energy into something, you want to know that it […]

SEC seal

Crowdfunding and Your Business

Kelcey Patrick-Ferree Business Law, Compliance, Internet Crowdfunding, Emerging Growth Company, Funding Platform, JOBS Act, Jumpstart Our Business Startups Act, Public Law 112-106, SEC, Securities Exchange Commission, Small Business, Startup

In March, Congress passed the controversial Jumpstart Our Business Startups Act (JOBS Act), Public Law 112-106, and President Obama signed the bill into law on April 5, 2012. The Act is designed to stimulate job creation (and, by extension, the economy) by helping emerging companies get better access to capital. This post explores some of the changes to crowdfunding brought about by the Act and what you might consider in deciding whether crowdfunding is right for your business.

Coffee-and-Conversation

Social Media and the Law

Kelcey Patrick-Ferree Internet, Social Media Internet, Internet Law, Joel Carlson, Paul Godfread, Social Media, Terms of Use, video, YouTube

After a whirlwind week of events, I have not had time to write my weekly post. Instead, I offer up video from my presentation to JMU612 with Paul Godfread last week. Keep in mind that the videos are provided for informational purposes only and do not constitute legal advice. Huge thanks to Joel Carlson for taping, editing, and posting, and to Erica Mayer for keeping us on task. Enjoy!

Internet Law - Trade Secret - Protect My Idea

Cloud Computing Basics for Lawyers

Kelcey Patrick-Ferree Contracts and Licensing, Internet Cloud Computing, Contracts and Licensing, Internet, Internet Law, Minnesota Women Lawyers, Terms of Service, With Equal Right

I am a (very!) active member of Minnesota Women Lawyers, so I was pleased when offered a chance to write for the current issue (Volume XXXVI, Issue IV) of the organization’s publication, With Equal Right. I wrote about basic cloud computing concepts for attorneys.

Intellectual Property - Copyright

How Do I Get a Copyright?

Kelcey Patrick-Ferree Intellectual Property Copyright, Copyright Act, Copyright Infringement, Copyright Office, Copyright Registration

I have had several people ask me recently how they can get a copyright in their work. There is good news: contrary to some rumors, you don’t have to do anything to get a copyright! If your work is copyrightable, copyright exists in that work at the moment of creation. But what kinds of works are copyrightable, and why would you want to register your copyrightable works?

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  • About
    • Who is Kelcey Patrick-Ferree?
    • Who is David Ferree?
  • Areas of Practice
    • Business Law
    • Intellectual Property
    • Contracts & Licensing
    • eCommerce
    • Privacy & Data Security
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The information provided on this website, including the blog, is not intended to be and should not be relied upon as legal advice. Using this website or contacting Patrick-Ferree Law, P.L.L.C. through this website does not create an attorney-client relationship. As a general rule, you should not provide any confidential information to any attorney until an attorney-client relationship has been established in writing. Please feel free to contact Patrick-Ferree Law, P.L.L.C. for an initial consultation, but be aware that this does not form an attorney-client relationship. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. A description or indication of practice does not mean that any agency or board has certified such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. Attorney advertising.