The Right Of Publicity

Many people are surprised how often right of publicity issues arise. They think that the right of publicity only applies to celebrities, and perhaps only to a photograph of a celebrity, and thus if a celebrity’s image is not used, there is no right of publicity issue. Or perhaps they believe that if the use…

What is a Work for Hire?

Under United States Copyright law, the general rule is that the person who actually creates a copyrightable work is the legal author or creator and, therefore, owner of the copyright in that work.  The doctrine of work for hire (often shortened to the acronym WFH) is an exception to that general assumption.  If a work…

Don’t Let Your Client Be a Trademark Bully, The Marin Lawyer

As Published in The Marin Lawyer, An Official Publication of the Marin County Bar Association© Elizabeth J. Rest 2013 Congratulations! You navigated the United States Patent and Trademark Office (“USPTO”) and have successfully obtained a federal trademark registration for your client’s name or logo. Now, your client owns that name or logo, and whenever someone else…