DPS Legal Counsel
Helping health professionals and entrepreneurs navigate the business of healthcare and the business of business
DPS Legal Counsel protects the business, regulatory, contract, transactional, intellectual property, compliance, and tax interests of health practices and small businesses from initial formation through founder retirement and practice/business succession
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DMCA and Take Down Notices: What the recent Twitch and Olympic badminton dustup can teach us
Today’s Tennessee Trademark Update
Over the course of 4 days last week, from Monday, August 2, through Thursday, August 5, there were 80 trademark applications filed for Tennessee businesses. My two favorites were THRILLBILLIES MOTO CO. and MUDDY MESS CLOTHING. Both of these trademark applications were...
What does “likelihood of confusion” mean when it comes to trademark applications and registration?
In today's episode, I discuss what it means when a USPTO trademark examiner issues a substantive office action claiming that an applicant's trademark is likely to cause confusion under Section 2(d) of the...
What is the DMCA?
The Digital Millennium Copyright Act is better known by its acronym, the DMCA. A DMCA claim is also known as a DMCA Takedown Notice. It is a complaint that a copyright owner makes if there is an alleged copyright violation being made by a website that is infringing on...
What is Reverse Domain Name Hijacking and Why Does it Matter?
Reverse domain name hijacking (RDNH) is the filing of an UDRP arbitration complaint in bad faith, that is where the complainant knows that there is no basis in fact for the complainant's claim. If the UDRP panel finds that the complainant is guilty of RDNH, the panel...
Copyright and Machine Learning
On October 26, the U.S. Copyright Office will jointly host with the U.S. Patent and Trademark Office a conference entitled Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going? One of the topics addressed will be how existing copyright laws...
Today’s Tennessee Trademark Update
Today's Tennessee Trademark Report is based on a search of the USPTO's TESS database for the period after July 9, 2021. As of today's date, there were 6 trademark applications filed by Tennessee businesses over the weekend period of July 10 and 11. Here's the...
Today’s Tennessee Trademark Update
This morning's search of the USPTO TESS database shows that there were 13 trademark applications filed on July 9, 2021, by Tennessee businesses. The most interesting of the bunch that I found from my search of TESS was a design mark described as the letters "J" and...
Today’s Tennessee Trademark Update
Today's Tennessee Trademark Report is based on a search of the USPTO's TESS database. That search shows that the most recent day for which trademark applications filed with the USPTO by Tennessee businesses is Wednesday, July 8. So, the lag time between filing and...
Today’s Tennessee Trademark Update
Today's search of the USPTO's TESS database shows that the most recent day for which trademark applications for Tennessee businesses have been entered into the database was last Wednesday, July 7. On July 7, there were 31 trademark applications filed by Tennessee...