Most of my trademark clients come to me with questions, even before they’ve decided to hire me. There’s a lot of confusion out there about trademarks and how they work. Here are some trademark frequently asked questions that I see on a regular … [Read more...]
About Kelley Way
Three Common Objections to a Trademark Application
Congratulations, you’ve filed your trademark application with the U.S. Patent and Trademark Office (USPTO)! You pat yourself on the back, and then turn your attention to other things while waiting for your application to process. A few months later, … [Read more...]
Fair Use Frequently Asked Questions
Fair use is a subject that comes up a lot with my copyright clients. Some of them think it’s a magic bullet that will defend them against all lawsuits (it’s not). Others are simply confused and want to know more about what it is and how it … [Read more...]
I’ve Inherited A Copyright, Now What?
Five things you should know and do when you inherit a copyright. Under the current copyright laws, a copyright lasts for the author’s lifetime plus seventy years. This means that a copyright will always outlive its creator, and it will be passed on … [Read more...]
Can I Use Other Author’s Fictional Characters in My Book?
[Editor's Note: Kelley Way will be presenting "Lessons in Literary Law: Overview of copyrights, trademarks, right of privacy/publicity, defamation, and contracts" at the BAIPA meeting on March 14 at 11 am, and "Copyright Registration Tutorial" at 1 … [Read more...]
Can I Write About a Real Person in My Book?
Defamation, Right of Privacy and Right of Publicity in Writing I’ve recently been asked, “Can I write about a real person in my book?” There are several ways this question pops up: Could you have your fictional character meet a celebrity? Can … [Read more...]
Can I Talk About a Real Business in My Book? — Use of Trademarks in Writing
An editor friend of mine told me she recently had a client who made up a restaurant name for her book. When my friend looked into it, she discovered that there was a restaurant with that exact name a few hours from where she lived. She advised her … [Read more...]
Is a Copyright Small Claims Court in America’s Future?
As an attorney, one of the things that hurts my heart the most is a prospect who comes to me with a great case, but no money to pursue that case in court. In many cases, there is no way to stop an infringer short of a court order, and that court … [Read more...]
Do I Need a Waiver to Post Photos or Videos of Other People?
I was recently approached by someone who was starting a literary open mic night at her local Starbucks, to give writers an opportunity to share their works with an audience. She wanted to take pictures, and possibly video, to use in promoting the … [Read more...]
Can I Copyright a Title?
Can I copyright a title? The short answer: No. The longer answer: Most titles are simply not long enough to meet the creativity requirement for a copyright. While it’s theoretically possible, a title long enough to be deemed sufficiently … [Read more...]