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October 15, 2026 Weekly newsletter • No action required. Hello Reader, Imagine a business hires a designer for a new logo. The invoice is paid, the files arrive, and the business begins using the design. A year later, it wants another agency to adapt the artwork for packaging. What rights did the original agreement provide? Payment, file delivery, and copyright ownership are separate questions. Copyright in qualifying creative work generally starts with its author. A business may have...
October 8, 2026 Weekly newsletter • No action required. Hello Reader, Plastic bags and paper labels are easy to tell apart. Could similar names for those products still create a trademark conflict? In a recent case, the Trademark Trial and Appeal Board said yes. A business sought to register MAXXOUT for general-purpose plastic bags and merchandise bags. The USPTO refused the application because of an existing MAXOUT! registration for multilayer pressure-sensitive paper labels. The Board...
October 1, 2026 Weekly newsletter • No action required. Hello Reader, Someone on a team comes up with a great brand name. Another person develops the logo. The business pays for the website and starts using the brand. Who owns the trademark? A recent decision involving the BIRTH JUSTICE logo shows why the answer takes more than identifying the person who had the idea. An attorney conceived the brand and registered its domain before joining a law firm. The completed logo was then developed and...