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Trademark Law

A Menu of Intellectual Property Strategies–Restaurant Management

November 8, 2011

I co-authored an article with Jess Collen, partner in Collen IP’s Restaurant and Food Services Group, on ways restaurants can use intellectual property laws to further their business interests. This article first appeared in the September 28, 2011 edition of rmgmtmagazine.com.

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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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Fearless Marketing: Five Steps to Launching a Social Media Presence

May 24, 2011

Last week, I spoke at the GSMI Social Media Legal Risks and Strategies Summit on “Protecting Your Brand in Social Media” and “Prize Promotions in Social Media and Mobile Marketing.” Most of the audience was feeling their way into social media and trying to get a handle on the legal issues they might confront. While many attendees seemed convinced of the power of social media, they also seemed scared by the risks. I was reminded of the words of Theodore Roosevelt: “It is hard to fail, but it is worse never to have tried to succeed.” Indeed, it is possible to chart a course in social media that affords legal protection and safeguards to a brand. Below, I outline a five step process.

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Art Licensing: Key Legal Terms from the Manufacturer’s Perspective

May 17, 2011

One of the biggest art licensing shows, Surtex, is happening in New York this week. Licensing Show 2011 is Las Vegas is approaching in June. Last week, I reviewed some the key provisions of an art license. This week, I examine an art license from the Licensee/Manufacturer’s perspective.

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Art Licensing: Key Legal Terms from the Artist’s Perspective

May 10, 2011

With Surtex coming in a week and Licensing Show 2011 approaching in June, I thought it would be appropriate to review some of the key terms of an art license. The heart of the license is the grant of rights and the compensation provisions. This week’s blog post offers advice to the Artist Licensor. Next week, I will provide examine an art license from the Licensee/Manufacturer’s perspective.

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Five Common Legal Errors in Internet and Social Media Marketing

April 25, 2011

I have met a surprising number of experienced business people who do not budget for legal advice. Here are five common legal mistakes in Internet and social media marketing that can result in financial penalties and business interruption.

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