Omaha Real Estate Attorneys & Lawyers

Key Takeaways

• Trade dress registration protects a product’s overall image, including design, shape, packaging, and even store layouts.
• It ensures exclusive rights to distinctive, nonfunctional design elements under the Lanham Act.
• Functional features cannot qualify for trade dress protection—only elements that serve a source-identifying role.
• Registration enhances enforceability, allowing owners to pursue federal infringement claims and secure nationwide protection.
• The application must demonstrate distinctiveness or secondary meaning, proving that consumers associate the design with a single source.
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Key Takeaways

• Blue sky laws are state-level securities regulations aimed at protecting investors from fraud.
• These laws require registration of securities and licensing of brokers within each state.
• Despite federal preemption under NSMIA, many securities still require notice filings at the state level.
• Regulation A and Regulation D affect how issuers comply with or are exempt from blue sky laws.
• Compliance burdens vary significantly by state, especially in “blue sky states” like New York and California.
• States retain enforcement authority through anti-fraud provisions even when federal exemptions apply.

What is Blue Sky Law?

Blue sky law is an individual state law designed to protect investors from securities fraud. The laws vary by state, but they all ensure licensing of brokerage firms, individual stockbrokers, and their offerings. Public mergers are also required to comply with the applicable blue sky

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Key Takeaways:

• An international trademark search helps businesses avoid conflicts, protect brands, and expand globally.
• WIPO’s Global Brand Database and Madrid Monitor are essential search tools.
• Companies must understand trademark classes, figurative elements, and translation implications.
• The Madrid System simplifies filing in multiple countries, but requires a national application or registration first.
• Professional legal guidance is often necessary for complex global filings.What Is International Trademark Search?

International trademarks are used by companies that are planning to export their services or products overseas. The registration and application process for international trademarks is regulated by the Madrid Protocol. Unlike the trademark protection provided by the U.S. Patent and Trademark Offic

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Key Takeaways:

• The DMCA protects digital creators by outlining processes like takedown notices to address unauthorized content use.
• Safe harbor provisions shield service providers from liability if they meet specific criteria, such as promptly addressing copyright complaints.
• Rights holders must provide detailed information when filing DMCA takedown notices to ensure compliance.
• Platforms utilize technical protection measures, like content-matching technology, to enforce copyright rules.

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