Protecting Trademark Rights in Foreign Countries

Businesses and non-profit organizations that provide their products or services in at least one foreign country should consider protecting their trademarks in the countries in which they operate.  A U.S. trademark registration will not likely deter others in foreign countries from infringing a trademark if the trademark is not protected in the foreign country.  International law provides several mechanisms to protect trademarks in foreign countries.  Under the Madrid Protocol, a trademark that is registered in a member country may be registered in other member countries by filing one application.  The primary advantage of the Madrid Protocol is that it eliminates the need to retain counsel in the foreign countries, which can save time and costs.  A disadvantage is the limited geographic scope of the Madrid Protocol.  For example, other than the United States, only one other country in North and South America is a member of the Madrid Protocol. Continue reading “Protecting Trademark Rights in Foreign Countries”

Liability Protections for online service providers under the DMCA and CDA

The Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA) provide significant liability protections for those who host interactive online media.  The cumulative protections provided by these two acts can potentially eliminate liability for copyright infringement and defamation. Continue reading “Liability Protections for online service providers under the DMCA and CDA”