Mediate 615 | HUGAN LAW

My clients often confuse copyrights with trademarks. They are not the same and are governed by different law.

Trademarks are words, logos, designs, or even sounds that let the consumer know the source of goods or services. Apple, Exxon, Pepsi, and the Cracker Barrel logo are all examples. Copyrights arise when an “author” expresses an idea creatively. Songs, novels, sculptures, and paintings are examples.

Can a copyright arise from a trademark? You betcha! If your crackerjack graphic design team creates a unique logo, voila! The logo itself is an expressive creation and can be protected under copyright law.

Why is this important? Infringers often hijack trademarks that include logos. If you have a registered copyright for the logo, you have a second option under copyright law to stop the infringement. You send a “takedown notice” to the internet service provider which triggers a series of obligations that should remove the infringing content.

So, ask your neighborhood trademark lawyer about copyrights at your next cocktail party. You will not regret it. Or, visit my trademark website at www.trademark615.com.

I am now a listed Rule 31 Family and Civil mediator. I previously was only a Civil mediator.

Many family law judges require mediation before scheduling a trial. This makes good sense—parties often realize during mediation a reasonable solution exists and avoid the expense (and risk) of a trial. I like finding those solutions and my fees are reasonable.

Call or email for more information. I want to help divorce litigants find peace and move on with their lives!

Dear small business owner:

If you receive a Nastygram from a law firm claiming you are infringing on its client’s trademark, listen to your lawyer’s advice.

Sincerely,

Joe Sixpack, Attorney

Joe speaks the truth. La Bamba Authentic Mexican Cuisine—a single restaurant in Lebanon, Kentucky—apparently did not take Joe’s advice. It received a cease-and-desist letter from an Indianapolis law firm claiming La Bamba Authentic was infringing on its client’s (the real “La Bamba”) registered trademarks. La Bamba Authentic’s own attorney warned that the infringement claim had merit.

Instead of listening to its attorney, La Bamba Authentic put on a Ritchie Valens record and schlocked another round of margo-ritas. The party raged even after the real La Bamba sued in Federal Court. La Bamba Authentic finally sobered up and changed its name to La Villa Rica 1.5 years later.

The court ruled a trial wasn’t necessary because there was no genuine dispute La Bamba Authentic wilfully infringed the real La Bamba’s trademarks. It then awarded a chimichanga of damages including reimbursement of the real La Bamba’s attorney’s fees. Here is the opinion.

If only La Bamba Authentic had followed its attorney’s advice. Ay, dios mio!

These are the last two words a 10-year-old boy says before breaking his arm. Orthopedists love this phrase!

Nevertheless, please watch this. Alex Hall is my son-in-law and a new Sony Monument recording artist. My daughter and adorable grandson are also in the video. Great song to boot!

The 11th Circuit ruled certain copyright plaintiffs can recover damages for infringement beyond the three-year statute of limitations period. The Court said it makes no sense a plaintiff could sue before the statute of limitations lapsed, yet have no claim for money damages (this could happen if the plaintiff did not “discover” the infringement until after the three-year period lapsed). This may ultimately be decided by SCOTUS.

One note: the plaintiff in this case claims he did not “discover” the infringement because he spent a significant time in the crossbar hotel for cocaine trafficking. I guess you should always have a backup source of income when your are in the music biz. You can read the opinion here.