Friday 24 July 2020
Wednesday 22 July 2020
Trademark Law Implications of AM General v. Activision
Video games have grown in realism since the days of pong on an Atari
console. As technology allows for higher resolutions and graphics, so
does the need for attention to detail. In certain cases, video game
developers try to depict the real world. There are legal implications
when this real-world depiction goal includes trademark protected items,
such as Humvees.
The federal Lanham Act governs trademarks at the federal level. There are two basic requirements: (1) that a mark be definable and (2) used in commerce. 1 You need to be able to know what the mark symbolizes when you see it and use it in business to get the Lanham Act’s protections. However, these protections are not all-encompassing.
The Call of Duty video game franchise remains one of the most popular
entertainment products in the world, with millions of copies sold. The
“Modern Warfare” subset of that franchise depicts modern militaries in
action. These games try to immerse a player in combat. The game
attempts to do this through the depiction of actual military equipment,
including Humvees. Activision, the company making the games, was sued
by the Humvee’s manufacturer (AM General) for their unauthorized
depiction of the Humvee in the games. 2
The Humvee is a registered trademark of AM General. Trademarks are an important component of business practices around the world. Think the Nike swoosh, and how the swoosh is so identifiable and important to Nike as a business. One might think that copying the symbol or mark would be a violation of the law. AM General certainly thought so and sued. The reality of trademark law is more nuanced than one may believe. Having a Trademark does not necessarily mean that no one else can use it for any reason, as we can see from the results of A.M. General v. Activision.
It is a reasonable assumption that using someone’s mark in a profit-making enterprise would be a violation of the law. Courts will weigh more than the commercial interest of the trademark holder when making decisions. In A.M. General v. Activision, the court applied a legal test that allows for use of a Trademark so long as the origin of the trademark is not mistakenly identified. In the video games in question, this misleading behavior does not occur. In fact, the use of the Humvee is important to the experience of the game, even though the actual maker of the vehicle is not specifically identified in the game.
In their decision, a federal district court found that the use of the Humvee in the game did not violate the Lanham Act, and thus Activision was not liable to A.M. General.3 If A.M. General appeals to the Supreme Court, and the Supreme Court upholds the decision, there are significant implications for trademark law. Artists, if they could prove that depiction of a trademark is essential to the artistic experience, and does not misrepresent that trademark too much, would be able to depict that trademark without fear of legal consequences.
Source by:https://sewellnylaw.com/trademark-law-implications-general-v-activision/
The federal Lanham Act governs trademarks at the federal level. There are two basic requirements: (1) that a mark be definable and (2) used in commerce. 1 You need to be able to know what the mark symbolizes when you see it and use it in business to get the Lanham Act’s protections. However, these protections are not all-encompassing.
The Humvee is a registered trademark of AM General. Trademarks are an important component of business practices around the world. Think the Nike swoosh, and how the swoosh is so identifiable and important to Nike as a business. One might think that copying the symbol or mark would be a violation of the law. AM General certainly thought so and sued. The reality of trademark law is more nuanced than one may believe. Having a Trademark does not necessarily mean that no one else can use it for any reason, as we can see from the results of A.M. General v. Activision.
It is a reasonable assumption that using someone’s mark in a profit-making enterprise would be a violation of the law. Courts will weigh more than the commercial interest of the trademark holder when making decisions. In A.M. General v. Activision, the court applied a legal test that allows for use of a Trademark so long as the origin of the trademark is not mistakenly identified. In the video games in question, this misleading behavior does not occur. In fact, the use of the Humvee is important to the experience of the game, even though the actual maker of the vehicle is not specifically identified in the game.
In their decision, a federal district court found that the use of the Humvee in the game did not violate the Lanham Act, and thus Activision was not liable to A.M. General.3 If A.M. General appeals to the Supreme Court, and the Supreme Court upholds the decision, there are significant implications for trademark law. Artists, if they could prove that depiction of a trademark is essential to the artistic experience, and does not misrepresent that trademark too much, would be able to depict that trademark without fear of legal consequences.
Source by:https://sewellnylaw.com/trademark-law-implications-general-v-activision/
Monday 20 July 2020
Monday 13 July 2020
Essential information to remember when choosing a business lawyer Brooklyn
Every business needs to have some legal advice. Yes, many businesses
are doing business and that is successful, that isn’t using any legal
advice.
However, this isn’t recommended. It is really essential to make sure that you have one or another type of business or Patent Lawyer Brooklyn on your books. But you also need to make sure that you are using the best lawyer that you can find. This is what this guide is all about. Essential information and tips when you are choosing a lawyer or any form or legal team.
Their experience in your type of business is essential
This is an important thing to consider when you are choosing some legal assistance for your business. The firm needs to be experienced in the type of business that you have. Don’t let them talk you into business if they don’t have previous clients that have a similar business than your current business.
If you are making use of a firm that doesn’t have experience in your type of business, they will not be able to assist you correctly when you need legal assistance. This can cause you to get the wrong information and guidance. Causing more problems than anything else. You have the right to ask them for proof that they had a business similar to yours as clients before.
When you need to apply for a patent
When you start a new business, and you have a product or service that is unique, you will need to apply for a patent right. And, therefore you will need to hire one of the best patent law firms in New York.
The problem is that there are many different types of patent firms that you can hire. You need to make sure that you are looking at their ratings, reviews, and recommendations before you can trust them with something as important as your patent product. Too many business owners trust the wrong people with patent rights applications. Causing them to lose the patent right to someone else.
Large or small size legal firm?
Should you go for the larger or smaller Patent Lawyer Brooklyn firms? Most people will say right away that the larger firms are the most recommended ones. That they have the experience and qualified lawyers to assist you in your business.
However, this isn’t completely the truth. In most cases, the smaller legal firms are offering a better service to businesses. They have fewer businesses to focus on and can deliver a much better service to each of them. With larger businesses, you will never know which of the lawyers are going to work on your business. Not something that people like. Smaller is cheaper and a much better option for businesses.
Services that they are offering to you and your business
What type of services do the business lawyer Brooklyn offer you and your business? The more services they are offering, the more value for money you are going to get. It is always better to make use of one firm for all your legal needs than to have a legal assistant for each of the legal problems that you might have.
The other thing that you need to make sure about, is that the services that they are offering are in line with the fee that they are asking. The more services they are offering, the more expensive they will be.
Will you be able to afford to pay them a monthly fee?
The last thing that you need to consider is if your business can afford to pay the legal firm a monthly fee? Most legal firms are asking a monthly fee to work closely with a business. The good thing about this is that you can always call your lawyer for assistance, and not worry about lawyer fees.
These are things that you need to consider and make sure about when you are looking for patent law firms in New York. This is the only way that you can know for sure that you have the legal assistance that your business needs, and that your patent right will be legalized in no time. Without legal firm behind your company, your business might be in trouble sooner than what you might think.
Source By:https://sewellnylawus.wordpress.com/2020/07/13/essential-information-to-remember-when-choosing-a-business-lawyer-brooklyn/
However, this isn’t recommended. It is really essential to make sure that you have one or another type of business or Patent Lawyer Brooklyn on your books. But you also need to make sure that you are using the best lawyer that you can find. This is what this guide is all about. Essential information and tips when you are choosing a lawyer or any form or legal team.
Their experience in your type of business is essential
This is an important thing to consider when you are choosing some legal assistance for your business. The firm needs to be experienced in the type of business that you have. Don’t let them talk you into business if they don’t have previous clients that have a similar business than your current business.
If you are making use of a firm that doesn’t have experience in your type of business, they will not be able to assist you correctly when you need legal assistance. This can cause you to get the wrong information and guidance. Causing more problems than anything else. You have the right to ask them for proof that they had a business similar to yours as clients before.
When you need to apply for a patent
When you start a new business, and you have a product or service that is unique, you will need to apply for a patent right. And, therefore you will need to hire one of the best patent law firms in New York.
The problem is that there are many different types of patent firms that you can hire. You need to make sure that you are looking at their ratings, reviews, and recommendations before you can trust them with something as important as your patent product. Too many business owners trust the wrong people with patent rights applications. Causing them to lose the patent right to someone else.
Large or small size legal firm?
Should you go for the larger or smaller Patent Lawyer Brooklyn firms? Most people will say right away that the larger firms are the most recommended ones. That they have the experience and qualified lawyers to assist you in your business.
However, this isn’t completely the truth. In most cases, the smaller legal firms are offering a better service to businesses. They have fewer businesses to focus on and can deliver a much better service to each of them. With larger businesses, you will never know which of the lawyers are going to work on your business. Not something that people like. Smaller is cheaper and a much better option for businesses.
Services that they are offering to you and your business
What type of services do the business lawyer Brooklyn offer you and your business? The more services they are offering, the more value for money you are going to get. It is always better to make use of one firm for all your legal needs than to have a legal assistant for each of the legal problems that you might have.
The other thing that you need to make sure about, is that the services that they are offering are in line with the fee that they are asking. The more services they are offering, the more expensive they will be.
Will you be able to afford to pay them a monthly fee?
The last thing that you need to consider is if your business can afford to pay the legal firm a monthly fee? Most legal firms are asking a monthly fee to work closely with a business. The good thing about this is that you can always call your lawyer for assistance, and not worry about lawyer fees.
These are things that you need to consider and make sure about when you are looking for patent law firms in New York. This is the only way that you can know for sure that you have the legal assistance that your business needs, and that your patent right will be legalized in no time. Without legal firm behind your company, your business might be in trouble sooner than what you might think.
Source By:https://sewellnylawus.wordpress.com/2020/07/13/essential-information-to-remember-when-choosing-a-business-lawyer-brooklyn/
Thursday 2 July 2020
What will happen when you don’t use a real estate lawyer Brooklyn
Do you really need to make use of legal assistance when you are buying a property? Can you use the legal assistance of your agent, or even make a private purchase without hiring anyone?
These are questions about using a real estate lawyer Brooklyn when you are purchasing the property. Some people are saying that hiring your own legal team is just a waste of money. Money that you could have used in a much better way. However, these are things that will happen when you do not use the best lawyer in real estate when you are buying a home or office.
You will not have someone that is on your side
When you don’t hire Intellectual property law Brooklyn, you will not have anyone on your side. Meaning that the buyer will have the real estate agent, and the agent will have their legal team.
You will be on your own. And, this is a huge transaction to take all by yourself, without anyone assisting you. You will not know if the building is legally for sale, or if there is a scam that you needed to know about. This can cause serious problems for you later on during the purchase.
No legal advice for you
You will not have any legal advice for yourself. Yes, you can use the real estate agent’s legal advice, but this isn’t something that is recommended. You will still not be sure if your legal advice will be in your best interest or not.
It is important to have legal advice that you can go to for any questions when you are purchasing real estate. This is to make sure that you are going to purchase the right property. That there isn’t anything illegal about the whole transaction. Yes, this does happen, and it happens when people don’t make use of a Real Estate Lawyer Brooklyn. It is much better to rather spend a little bit more money and know for sure that you have a legal team that is looking out for you with a transaction as expensive as this.
You will need to sign the contract without knowing if this is legit
When it comes to the purchasing contract, you need to make sure that the whole contract is legit and that there isn’t any small print that you have missed. This can cause serious problems for you.
This is really important that you are making sure that the contract is legit. And, without making use of an experienced Intellectual property law Brooklyn, this is something that you won’t know for sure. This is actually the most important reason why you need to have legal advice when you are purchasing real estate.
Why should you not use the lawyer from the real estate agent?
Why can’t you just use your real estate agent’s lawyer? This is a question that many people are wondering. Real estate agents are offering clients that they can make use of their lawyers without any extra fees. But, before you see this as something great, there is a couple of things that you need to consider.
They are on the payroll of the real estate agent, and not yours. So, the real estate agent is their first priority. The agent is their priority and not yours. You will still not know if the contract is legit and if the purchase is totally legit.
You don’t know them, their reputation, or their experience. It is really not recommended to use the legal team of the agent. You should rather make use of your own, experienced Real Estate Lawyer Brooklyn. One that has your best interest at heart.
Buying real estate is already expensive. So, why should you spend money on hiring Intellectual property law Brooklyn? To have someone on your side that will ensure that no one is conning you with buying a property that isn’t legit. Or, to buy the property that is actually cheaper than the offer price. There is no safe way for anyone to purchase property without making use of legal assistance. And, we don’t mean making use of the legal team of the real estate agent. This is something serious to consider before you are buying property for the first time.
For more information please visit: https://sewellnylaw.com/real-estate-attorney/
These are questions about using a real estate lawyer Brooklyn when you are purchasing the property. Some people are saying that hiring your own legal team is just a waste of money. Money that you could have used in a much better way. However, these are things that will happen when you do not use the best lawyer in real estate when you are buying a home or office.
You will not have someone that is on your side
When you don’t hire Intellectual property law Brooklyn, you will not have anyone on your side. Meaning that the buyer will have the real estate agent, and the agent will have their legal team.
You will be on your own. And, this is a huge transaction to take all by yourself, without anyone assisting you. You will not know if the building is legally for sale, or if there is a scam that you needed to know about. This can cause serious problems for you later on during the purchase.
No legal advice for you
You will not have any legal advice for yourself. Yes, you can use the real estate agent’s legal advice, but this isn’t something that is recommended. You will still not be sure if your legal advice will be in your best interest or not.
It is important to have legal advice that you can go to for any questions when you are purchasing real estate. This is to make sure that you are going to purchase the right property. That there isn’t anything illegal about the whole transaction. Yes, this does happen, and it happens when people don’t make use of a Real Estate Lawyer Brooklyn. It is much better to rather spend a little bit more money and know for sure that you have a legal team that is looking out for you with a transaction as expensive as this.
You will need to sign the contract without knowing if this is legit
When it comes to the purchasing contract, you need to make sure that the whole contract is legit and that there isn’t any small print that you have missed. This can cause serious problems for you.
This is really important that you are making sure that the contract is legit. And, without making use of an experienced Intellectual property law Brooklyn, this is something that you won’t know for sure. This is actually the most important reason why you need to have legal advice when you are purchasing real estate.
Why should you not use the lawyer from the real estate agent?
Why can’t you just use your real estate agent’s lawyer? This is a question that many people are wondering. Real estate agents are offering clients that they can make use of their lawyers without any extra fees. But, before you see this as something great, there is a couple of things that you need to consider.
They are on the payroll of the real estate agent, and not yours. So, the real estate agent is their first priority. The agent is their priority and not yours. You will still not know if the contract is legit and if the purchase is totally legit.
You don’t know them, their reputation, or their experience. It is really not recommended to use the legal team of the agent. You should rather make use of your own, experienced Real Estate Lawyer Brooklyn. One that has your best interest at heart.
Buying real estate is already expensive. So, why should you spend money on hiring Intellectual property law Brooklyn? To have someone on your side that will ensure that no one is conning you with buying a property that isn’t legit. Or, to buy the property that is actually cheaper than the offer price. There is no safe way for anyone to purchase property without making use of legal assistance. And, we don’t mean making use of the legal team of the real estate agent. This is something serious to consider before you are buying property for the first time.
For more information please visit: https://sewellnylaw.com/real-estate-attorney/
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