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Cohen Law > Blog (Page 20)

More Fake Celebrity Twitter Profiles

Fake celebrity Twitter profiles are getting out of control, see my previous post regarding the topic. Now Kanye West is the latest celebrity to be subject to a fake Twitter profile. Some cases regarding the use of a celebrity’s likeness involved the claim of Right of Publicity. California Civil Code Section 3344 prohibits “Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person’s prior consent…” Putting the law aside,...

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Google Faces Class Action Lawsuit for Trademark Infringement Over Adwords

On May 11, 2009, a Texas trademark litigation attorney initiated a class action lawsuit against Google, Youtube, AOL, and Turner Broadcasting System for trademark infringement. The Class Representative is a small software company in Marshall, Texas, called Firepond. The jist of Plaintiff’s Complaint alleges that Defendants are infringing Plaintiff’s trademarks by selling Plaintiff’s trademark words in Adwords. For example, “Firepond” is one of the terms that were bid upon by Plaintiff’s competitors. When an individual searches for the term “Firepond” in a Google search, an Adword advertisement of one of Plaintiff’s competitor’s appears at the top of the search. This...

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How Can I Protect My Idea?

“How can I protect my idea?” This is the most common question I get from new clients. Whether it’s a new online software, an interesting baby product, some type of new apparel with unusual patterns, or a new method of business for example, the question is always the same. How do I protect it?So what is the answer? You can’t! Well, maybe you can…It depends…Don’t you hate this? The truth is you cannot protect vague, broad, conceptual ideas such as, “I want to protect the concept of having a guitar placed within a piece of furniture.” That is an example...

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