Here’s a trivia question for you:  Who owns the famous TESTAROSSA trademark?  Your initial response was Ferrari, right? Nope. As of the beginning of this year, that trademark is registered with the United States Patent and Trademark Office (“USPTO”) to a Dallas company for “instruments to test the authenticity of diamonds.”  But, wait a minute. […]

When you look at this canvas tote bag do you think it came from Louis Vuitton?  Are you confused as to what company may be selling it?  If so, that could be a problem.  However, if not…not so much.  Trademark law exists to protect the consuming public from confusion as to the source of a […]

As you’re probably aware, social media marketing is a big deal. A big tool in this big deal is the hashtag.  So, a few questions arise regarding those words and phrases used after the hashtag.  First, if one uses a hashtag in association with a word or phrase, is that considered a trademark use?  Second, […]

There are numerous potential landmines awaiting those seeking to secure federal registration of their valuable company trademarks.  The need to beware cannot be overstated.  A trademark owner does not want to find out after spending the time and money to secure a federal registration that the protection received has been rendered void.  While the minefield […]

A. F. DAVIS LAW is quite pleased to announce that its founder and lead attorney Al Davis has been selected by Houstonia as a “Top Lawyer” 2016 honoree in the area of intellectual property rights. Each year, Houstonia recognizes accomplished lawyers in various areas of practice who are making an impact in their professions. Honorees […]

I’ve been practicing intellectual property law now for over twenty years. In that time, I have received many calls from individuals and companies alike who feel that their artistic expression has been copied. Understandably, seeing or hearing what one feels is an infringement of one’s hard work causes anger and frustration. And…a desire to sue. […]

I have an interesting hypothetical for you. Let’s say you’re a music producer and you want to sample just a small portion of a song you think is hot. You plan to play around with it so it doesn’t sound exactly like the original. You’re going to add so many musical elements to and around […]

A word of caution: attorneys’ fees cut both ways! Often plaintiffs bring copyright infringement claims expecting to win a big verdict (or settlement) which may include all or some portion of attorneys’ fees as provided by U.S. Copyright Law.  The award of such fees are discretionary.  Recently, both the Southern District of New York and […]

Santa Claus Is Comin’ To Town!!!! YES HE IS! Oftentimes, creative people don’t spend much time thinking about protecting their creations.  And, when they do, the legal budget is kept quite small because, unfortunately, many believe they can just“get some boiler plate off the Internet.”  A recent New York City lawsuit provides a cautionary tale regarding why such […]