An owner of a trademark or service mark used in commerce may request registration on the principal register by filing an application with United States Patent and Trademark Office. The registration provides certain benefits including prima facie proof of ownership and validity and constructive use throughout the country. While registration is great for brand management
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Supreme Court Rules Copyright Claim Requires Registration
By Sonny Chastain on
Posted in Copyrights, Intellectual Property
On March 4, 2019 the United States Supreme Court issued a unanimous decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC clearing up that registration is a jurisdictional prerequisite to filing a copyright action. In the opinion authored by Justice Ginsburg, the Supreme Court concluded that a copyright claimant may commence an infringement suit…