Graham Matherne is a member of the Firm's Litigation & Dispute Resolution Service Team. He concentrates his practice in the areas of business litigation, construction law disputes, non-compete/trade secret litigation ...
The Lanham Act sets forth various remedies for trademark infringement including the potential recovery of the infringer’s profits. 15 U.S.C. § 1117(a). Prior to April 23, 2020, there was a split in the federal circuits as to whether an award of infringer’s profits required a finding that the infringement was ...
The Copyright Act protects original works of authorship fixed in tangible form. 17 U.S.C. §102(a). To be “original,” the expression must have originated with the author and contain a creative element – “a spark that goes beyond the banal or trivial.” Nimmer on Copyright § 2.05[B](2017). “Although the amount ...
On October 11, 2018, President Trump signed into law the Orrin G. Hatch – Bob Goodlatte Music Modernization Act (“Act”), which had unanimously passed both the House of Representatives and the Senate. The Act has been praised by often-times divergent groups in the music industry – e.g. songwriters, publishers ...
Your company sponsors, at your offices, a charitable, newsworthy event. Local celebrities attend. Afterwards, you have numerous “selfies” of you and your employees with those celebrities. You want to place various “selfies” on your website but don’t want to go to the trouble of getting the celebrities’ ...
If you use a slogan or a logo that identifies your company to your customers, you should protect your rights to that slogan or logo. If you don’t have the thousands of dollars that a federal trademark registration might require, the Tennessee Trademark Act (TTMA) might provide you with the protection you need at a cost you can ...
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