Longer Answers

We understand that the law can be overwhelming, especially when all you really want is an answer for your legal question or a solution for your legal conundrum. That's why we've put together a helpful series of short, direct summaries that present a discussion of some of the more common situations involving branding, ideas, and business situations. These will not replace the advice of a good attorney (and you should always consult an attorney regarding your specific circumstances and questions), but these may give you a good head start.

Trademark Issues & Concerns

Trademark Registration

Registration with the U.S.P.T.O. is one of the most effective ways to enhance the value of a trademark, but what exactly is involved and what happens during the registration process?

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Specimens of Use

The U.S.P.T.O. can be very picky about what it considers a proper example of the use of a trademark in interstate commerce. But what does it mean when your trademark attorney asks for a 'specimen of use'?

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Proper Usage

Is there a right way and a wrong way to use a trademark? The answer might surprise you. But knowing how to properly use your trademark may be the difference between enforcing it and losing it. Want to know more?

Enforcement

Despite popular misperceptions, there is no "trademark police" to enforce your trademarks. The law leaves it to trademark owners to police and to enforce their own trademark rights against infringers.

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Copyright Issues & Concerns

Copyright Rights

Copyright protection attaches the moment a creative work is fixed in tangible form, but ownership, duration, and enforceability are more complicated than most creators realize or properly plan for.

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The Public Domain

Works in the public domain are free for anyone to use, but determining whether a particular work has actually crossed that line requires more analysis than most people expect with real consequences.

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IP Strategy

Every company owns some form(s) of intellectual property, but not every company has the means or the know-how, especially without legal counsel, to properly protect, defend, and enforce these valuable assets.

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Artificial Intelligence

Questions about AI-generated content authorship, ownership, and infringement are actively being litigated and legislated, and the answers will affect every business that creates or uses content.

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Published Articles

David often has written for numerous professional and trade publications regarding a myriad of legal issues and topics of concern to practicing attorneys as well as prospective clients. He is also a frequent contributor to non-legal publications on issues ranging from current events to video and board games to great battles and military campaigns of history.

In fact, he has written so much that it would be almost impossible to list everything here. Nevertheless, we have included references to some of his more recent articles and publications and we would be glad to provide you with a copy upon request.

No Laughing Matter - The Implications of a Trademark Battle over Comic-Con, Texas Bar Journal
How to Drive your Trademark Attorney Completely Bonkers in 10 Easy Steps, Orange County Lawyer
Across State Lines - Working with Out-of-State Co-Counsel, Texas Bar Journal
Holy Copyright Infringement, Batman! Orange County Lawyer
Football Fans and Trademarks, Orange County Lawyer
The Man of Steel in Court: Superman’s Legal Battles Over Comic Book Character Rights Finally Come to an End, California Bar Journal
How Long Will My Copyright Last? Orange County Lawyer
Best Business Practices for Enforcing IP Assets, Texas Bar Journal
Protecting Ideas Requires More Than Just Registration, Los Angeles Daily Journal
Tiptoeing Through the Legal Minefield of Social Media, Orange County Business Journal
Basic Steps Companies Can Take to Protect their Brands, Orange County Register
Could your Free Wi-Fi Cost you a Bundle? The Journal
Important and Exciting Developments in IP Law, Sacramento Daily Journal
“Fair Use” Isn’t What You Think, The Journal
Hummers, Call of Duty, the First Amendment, and the Lanham Act, Orange County Lawyer
Why Register Your Trademark? The Journal
Protecting Your Valuable IP BEFORE A Key Employee Leaves, Transworld Business
Cartoons Can Infringe Copyrights? Legal Briefing
BYOD Policies – Does your Company Need One? Legal Briefing
Pirates of the Far East - Practical Steps to Deal with Counterfeiting, OC Metro
Even Small Business Owners Have Intellectual Property Worth Protecting, Legal Briefing
Protect your intellectual property with good planning, OC Metro
When does my copyright expire? Legal Briefing
Intellectual Property and Protecting Your Ideas, Legal Briefing
Software Copyrights – Registering Your Software? Legal Briefing
Tender Early, Tender Often, Los Angeles Daily Journal
Advertising Injury and Trademark Infringement Claims, Orange County Lawyer
Supreme Court Upholds Extension of Copyright Protection, Legal Briefing

Trademarks

Your brand is a promise to your customers and a warning to your competitors. A trademark is how the law remembers which is which.