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Recent Articles from James Astrachan
The copyright claims board is an alternative for small claims
Commentary: The copyright claims board provides a government forum for copyright owners to resolve small claims up to $30,000 without costly district court litigation.
Collecting trademark infringement judgements takes care
Commentary: The U.S. Supreme Court ruled that trademark infringement profit recovery is limited to named defendants, affecting a $43 million judgment in Dewberry Group case.
Trump’s use of ‘Fortunate Son’ in video likely could be challenged
After the president’s troops grabbed Venezuelan President Nicholas Maduro from his bed, Trump took to social media and uploaded a video of some of these events. The background to the […]
Supreme Court has chance to clarify copyright law
Cox Communications was sued for copyright infringement by Sony Music and other labels on behalf of their artists. The 4th U.S. Circuit Court of Appeals struck down the $1 billion […]
Examining the case of Smuckers vs. Trader Joes
I was at Fort Gordon, Georgia, half a century ago and in my company was a soldier named Smucker. I can’t remember his first name, but he said his family […]
Will the Supreme Court untangle itself from Bruen?
The Supreme Court’s 2022 Bruen decision shook the gun world and regulators, and created more questions than it answered. Since then, the court has needed to repair the damage it […]
Misappropriation by trademarked dilution
In almost every case, the test for trademark infringement is whether the use of the mark is likely to create confusion in the minds of consumers between two marks. For […]
Anthropic settlement a big step for AI law
There was huge news last week in the colliding worlds of copyright protection and development of artificial intelligence. The artificial intelligence developer, Anthropic, recently settled a very high profile copyright […]
Incontestability is a benefit of registration
A trademark is a word or combination of words, a logo, design or even a color. The purpose of a mark is to allow the owner, a seller or maker […]
Why trade secret protection is vital for businesses
Trade secrets can give companies a lasting edge. Learn how businesses can protect critical assets under the UTSA and DTSA from theft or misuse.
Calculating damages for copyright infringement is a tricky business
Calculating a successful copyright plaintiff's damages can be quite a challenge.
When a trademark is abandoned
Just because someone has a trademark does not mean that mark is theirs forever. The concept of abandonment means that acts or omissions of a mark’s owner can result in […]
