Memorandum of Law Issue: Whether an Amazon seller who lists their products against a pre-existing product detail page which violates a third party’s intellectual property rights is liable for infringement merely for adding products to the listing without knowledge of the infringement. Brief Answer: Although there is a defense called “innocent infringement” pursuant to…
The Rosenbaum Famularo Client App is for clients of our law firm. The app is intended to assist clients in communicating with their attorney and staying informed regarding their case. Clients may utilize a message feature to send and receive messages with their attorney, as well as upload and view documents, receive assigned tasks from…
Protecting your merchandise with ITC exclusion orders. Whether your band is selling out arenas or just getting started in a garage, protection of your band’s merchandise and overall brand is important because that is where income is earned. Rosenbaum Famularo, P.C. focuses on protecting musicians’ merchandise. We help musicians and bands stop counterfeit merchandise. We…
Protecting your band’s merchandise through a lawyer’s Cease and Desist letter. Whether your band is selling out arenas or just getting started in a garage, protection of your band’s merchandise and overall brand is important because that is where income is earned. Rosenbaum Famularo, P.C. focuses on protecting musicians’ merchandise. We help musicians and bands…
A copyright is a legal right granted by the U.S. Constitution, which provides protection to original works of authorship that are fixed in a tangible medium of expression. Automatic creation of copyright protection extends to both published and unpublished works and is granted to works that satisfy 3 requirements: (1) Originality, (2) Work of Authorship,…
Although copyright protection in the U.S. is automatically granted upon the fixation of an original work of authorship, it is recommended that a copyright protected work contain a notice and be registered with the U.S. Copyright Office. Notice and registration of creative works used to be required for protection but this is no longer the…
A History of United States Copyright: Even though this article doesn’t necessarily pertain directly to a Seller’s business, it’s still pertinent information to study how the United States’ copyright system came to be. From Europe’s advances in the 15th century all the way to the US in the 1980’s and 90’s, the law has changed…
How to Register for Copyright in China. Why is it important to register in the first place? If a Seller does not file their copyrights, trademarks, and patents in China, that Seller has no formal IP protection in China. [1] The Berne Convention, signed September 9, 1886, defines copyright as an implied right. Even though…
Copyright in China and the United States: A Juxtaposition United States and Chinese Intellectual Property: An Introduction Before grasping your intellectual property rights in China, it is crucial to understand the ins and outs of U.S. intellectual property, to make sure that the cross-over is a smooth one. One of the most prevalent problems that…
