What Are Presumed Damages: A Closer Look in 2024
Presumed damages are a type of legal remedy awarded in defamation cases without requiring proof of actual harm. The law assumes that the defamatory statement has caused harm to the plaintiff’s reputation or other interests.
Key Considerations for Presumed Damages:
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Copyright Infringement Definition: Copyright infringement occurs when a copyrighted work owned by someone else is copied, reproduced or mimicked, distributed, performed, publicly displayed, or made into a derivative work without the express or implied permission of the copyright owner, thereby infringing certain exclusive rights granted to the copyright holder. Infringement can be willful or accidental.…
There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion.
Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. A cease and desist letter is typically the most cost-effective option, but in some cases…
Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.
This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing trademark applicants and owners in the enforcement of their trademark rights and defense of their trademark rights throughout the…
What is an Acceptable Use Policy (AUP)? 2024 Update
An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets…
Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. While sometimes available to any individual, Right of Publicity is typically aimed at protecting the name or likeness of famous individuals.
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Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. Many of our clients have a history of trying to protect their brand and products through…
We represent entertainers, celebrities, and influencers looking to monetize their name, likeness, and voice, endorsing third-party brands. “Influencer Marketing” and “Social Media Brand Endorsement” have become big business. Our law firm represents some of the business’s largest social media marketing agencies and influencers. Here are some things every company, celebrity, and social media influencer should…
Introduction
In today’s digital landscape, Software-as-a-Service (SAAS) has emerged as the primary model for delivering software applications to customers over the Internet. Whether you’re a business looking to streamline operations or an individual seeking the latest in tech, understanding what SAAS is and how it works is crucial. As a law firm representing software and…
In the digital age, businesses often find themselves targeted by threat letters alleging violations of the California Invasion of Privacy Act (CIPA) due to the use of Meta Pixel on their websites. These letters, typically spearheaded by law firms known for mass litigation, can be intimidating and costly. However, recent court rulings have provided valuable…
