BW INSIGHTS

Friend or Foe? Beware of Invention Promotion Companies and Their Many Promises

By Jordan Meggison-Decker | 04.12.2024

If you watch TV, listen to the radio, or read magazines, chances are you have seen advertising for companies offering to help first time inventors take their products to market. Often, these advertising materials promise patent protection, manufacturing assistance, and effective promotion in the relevant market for an invention. In many... Read More

Is Your Content Being Taken and Reposted Without Your Permission? Here’s How to Effectively Combat Copyright Infringement on Social Media

By Jordan Meggison-Decker | 06.06.2023

It is no secret that copyright infringement is becoming more and more common across all widely used social media platforms. Many online content creators with a significant following have probably experienced their copyrighted material being reposted online without their authorization. Indeed, they may have experienced this unpleasant phenomenon... Read More

Don't Be in the Wrong: How to Avoid Copyright Infringement

By Jordan Meggison-Decker | 01.10.2023

If you have ever been on either the sending or receiving end of a Cease-and-Desist Letter or a Copyright Infringement Notice, you know that it is not a pleasant feeling in either instance. Copyright issues pop up every day in our Internet driven lives and knowing the copyright basics can ensure that you stay on the right side of the law when... Read More

Let Me Emphasize the IP in IPA: Intellectual Property & Craft Brewing

By Jordan Meggison-Decker | 10.20.2022

There has never been a better time than now for craft brewers to protect their intellectual property. The craft brewing industry is bigger than ever and growing every single day. In 2021, the craft beer retail market was 13% of the entire retail market for beer, cracking $26 billion in total sales. This represented an 8% growth over 2020. In 2021,... Read More

Why Should You Obtain a Federal Registration for Your Trademark?

By Jordan Meggison-Decker | 09.23.2022

There are many benefits to registering your trademark with the United States Patent and Trademark Office (USPTO). Choosing to obtain a federal trademark registration first and foremost means that you have the right to bring a lawsuit in federal court concerning the use of your trademark. Similar to the right to file a lawsuit is the fact that a... Read More

Is an NFT Intellectual Property?

By Jordan Meggison-Decker | 06.01.2022

The terms “NFT”, “bitcoin”, “blockchain”, and “cryptocurrency” have exploded in the last few years. From brands using NFTs as promotional opportunities to creators using NFTs to monetize their content, these terms are rampant. Although they can be confusing, each term has a specific meaning which indicates how it works and how it can affect... Read More

Viral TikTok or Copyright Infringement Lawsuit?

By Jordan Meggison-Decker | 01.25.2022

Since 2016, TikTok has grown to be a popular platform for viral content creation. TikTok allows short-form video posts and encourages users to engage with the videos. The software then attempts to personalize each user’s experience by showing them videos like those they have enjoyed in the past. Part of what makes each short-form video interesting... Read More

What is a Designated DMCA Agent, and Why You Need One

By Jordan Meggison-Decker | 12.09.2021

Under the Digital Millennium Copyright Act (“DMCA”) online service providers may be protected from potential claims of copyright infringement if they designate an agent who is to receive notice of infringement claims for material posted on the service providers website or platform. An online service provider is defined in 17 U.S.C. § 512(k)(1)(A)... Read More

Date of First Use Anywhere

By Jordan Meggison-Decker | 06.21.2021

There are two dates that must be specified in every trademark/service mark application. They are, the date of first use anywhere and the date of first use in commerce. TMEP 903.03. The date of first use anywhere will always be earlier than or the same as the date of first use in commerce. Id. The date of first use anywhere is the date when goods... Read More

Trademark Consent and Coexistence Agreements

By Jordan Meggison-Decker | 08.24.2020

Usually, an entity registers their trademark to prevent consumer confusion and/or unpermitted use of their valuable branding. However, due to the sheer volume of new businesses annually and their tendency for rapid growth, it is not uncommon for two or more companies to use extremely similar marks without knowledge of the others’ existence. Most... Read More