Category: Copyright

When to Hire an Intellectual Property Attorney

Protecting intellectual property helps ensure the business owner maintains the rights to a unique idea, good, or service. Without this protection, a competitor may steal a popular product, or an inventor could lose credit for their product. Sometimes, creators need extra legal help when protecting their intellectual property. An intellectual property lawyer like those at Ritter Spencer Cheng can help investors avoid confusion when navigating intellectual property protection. Before legally documenting intellectual property or hiring a lawyer, it is good to understand what category it falls under and the extent of its protection. 

Everything You Need to Know about Trademark Licensing

Business owners have several options to safeguard their brand. While profiting from sales through a third party, many opt to employ trademark licensing to legally protect their goods and services while trusting a third party to manufacture or sell the brand. With years of experience in various industries, the trademark attorneys at Ritter Spencer Cheng are well-versed in trademark law and can successfully guide businesses through the trademark registration or licensing process. Below, we offer answers to basic questions regarding trademark licensing to provide further insight for anyone considering this avenue.

4 Ways Cannabis Companies Can Protect Their Intellectual Property

As the state-sanctioned medical and recreational use of cannabis continues to grow in the United States, so does competition. To stand out in this industry, companies need to build brand recognition or develop novel products. Therefore, intellectual property protection should be a major focus for cannabis companies. Cannabis-based businesses need to safeguard their brand identity through intellectual property protection. Using IP protections like trademarks, copyrights, patents, and trade secrets, business owners can effectively shield their brand from potential IP infringement. Read below to learn how cannabis companies can protect their creative assets and how Ritter Spencer Cheng can help preserve intellectual property.

Are Hybrid Marijuana Strains Legal?

As hybrid marijuana strains become more prevalent throughout the cannabis community, it’s important to discuss the anatomy, use, and legality of the most common strains. Though many are familiar with the two marijuana strains, Cannabis sativa and Cannabis indica, it’s crucial to recognize the role of hybrids as well. Read below for a full assessment of the structure and legal status of hybrid marijuana strains in the cannabis industry.

Conditional Adult Use Licenses and Dispensaries: Everything You Need to Know

As the cannabis business expands across the nation, many states have set unique regulations concerning dispensaries, licenses, production, and manufacturing. The concept of conditional adult-use dispensaries has garnered the attention of those in the marijuana community, specifically after the Cannabis Control Board of New York drafted the application process for conditional adult-use retail license applications. 

Traditional retail licenses can be confusing for those interested in pursuing marijuana entrepreneurship, let alone conditional adult-use dispensaries and permits. At Ritter Spencer Cheng, we recognize the importance of being familiar with emerging trends within the marijuana industry. Read below to learn more about conditional use dispensaries.

The Evolution of the Texas Compassionate Use Program

In 2015, the Texas Legislature enacted the Texas Compassionate Use Act, Senate Bill 339, establishing the Texas Compassionate Use Program (TCUP). Under TCUP, the Texas Department of Public Safety (“DPS”) would create a secure registry for licensed physicians to prescribe low tetrahydrocannabinol (THC) medical marijuana to patients suffering from intractable epilepsy. 

The registry, known as the Compassionate Use Registry of Texas (“CURT”), prevents more than one qualified physician from registering as the prescriber for a single patient, verifies patients of low-THC cannabis for dispensing organizations, and allows physicians to input safety and efficacy data derived from their patients who have been prescribed low-THC cannabis. 

Since its establishment, the Texas Compassionate Use Program (“TCUP”) has vastly expanded, with significant developments in 2019 and 2021.

Tips for Overcoming a Copyright Denial

Copyright registration is a monumental step in securing creative work. Common law copyright automatically goes into effect to protect artistic works, but registering for copyright goes a step further and allows an owner of a creative work to obtain exclusive authorship rights. When the United States Copyright Office denies a copyright registration request, it can feel devastating. With the help of experienced copyright lawyers, such as the attorneys at Ritter Spencer Cheng, individuals and organizations denied a copyright can receive guidance to appeal and resubmit the work for review. 

3 Advantages of Registering for a Copyright

Businesses today must use copyrights or trademarks to protect their creative works and assets from being used elsewhere without permission. Although a copyright typically arises automatically upon creation of an original work of authorship, a company can and should register its copyrights with the U.S. Copyright Office to increase the benefits of the copyright itself and elevate the value of the business or the business’s work. Below are three advantages of registering for a copyright. 

The Dos and Don’ts of Copyright Registration

Businesses of any size must protect their assets, both financial and creative, and copyrights and trademarks are some of the most reliable ways to ensure a business is not exploited. These useful tools are essential for any company, but the process of registering a copyright may feel intimidating. Read below to learn about the dos and don’ts of copyright registration and how the Dallas law firm of Ritter Spencer Cheng PLLC can help.

Infringing Conduct Originating Abroad Which Reaches the United States Can Result in Copyright Liability

If an infringing performance of licensed broadcast media reaches domestic users in the United States, can the foreign originator of the performance be held liable under the United States Copyright Act? The D.C. Circuit has answered that in the affirmative by holding that an infringing performance that originates abroad but terminates in the United States constitutes a domestic Copyright Act violation. Spanski Enterprises, Inc. v. Telewizja Polska, S.A., 17-7051, 2018 WL 1123889 (D.C. Cir. Mar. 2, 2018).