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June 2011

Tips for Package Designers: How to Use Copyright and Trademark Law to Control the Distribution of Goods

June 21, 2011

Marketers design product packaging with an eye toward shelf appeal, user-friendliness, and connecting with their target audience. Packaging can be used, however, for more than boosting sales. If designed properly, product packaging also may contain protectable elements under copyright or trademark law that could allow a brand to exclude grey market goods or goods manufactured and first sold abroad from entering the United States.

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Common Errors in Seeking Website Copyright Protection

June 9, 2011

Last week, the IT BusinessEdge blog quoted me about copyright protection for websites in an article entitled “How Much Will You Do to Protect Content?” The article fleshes out some of the benefits of copyright protection, including statutory damages, attorney’s fees, but implies that the copyright protection process seem unwieldy and perhaps not worth the effort. Although I was quoted in the article, I cannot agree with its overall message. I would answer the article’s title query but saying that protecting a website is a smart business move. If the website is initiated properly, the process is painless and adds value to your brand.

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Facebook’s New Promotions Guidelines: More Options for Marketers But Increased Legal Onus

June 2, 2011

On May 11, 2011, Facebook released yet another version of its Promotions Guidelines. It appears that Facebook has accepted that it is not the proper arbiter of legal principles. Instead, such decisions are more appropriately made in the hands of the courts or governing authorities.

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