Intellectual Property Bulletin

Crystal T. Broughan, Esq. - Shareholder - Intellectual Property Attorney
904-398-0900 -


Are you ready to expand your business globally? There are many factors to consider — including your intellectual property. In this newsletter, you will find four important tips for protecting your trademarks and copyright registrations as your business grows beyond the United States.

We also look at two recent court rulings that impact intellectual property law. One case illustrates the importance of following the letter of the law when filing a copyright application. 

And if your business is related to costumes, uniforms, or other items of clothing, you will want to pay special attention to the Banana costume case.

Thank you for your readership, support, and referrals.

- Crystal T. Broughan

Four IP Tips For Expanding Your Business Globally

Are you ready to take your business to international markets? 

This is exciting, but it can also feel daunting. Introducing your business to markets in other countries opens the door for many potential problems — including intellectual property theft.


Court Rules Inaccuracies in a Copyright Application Invalidates the Registration

When it comes to the law, details matter. You need to ensure the accuracy of all information you provide when registering a trademark or filing for copyright. Otherwise, you could find the legal protection of your mark or creative work invalidated due to a technicality.

That is what happened to Gold Value International Textile, Inc.’s copyright registration. Here are the facts of this case.



- 4 IP Tips for Expanding Your Business Globally

- Court Rules Inaccuracies in a Copyright Application Invalidates the Registration

- Banana Costume Protectable by Copyright, Preliminary Injunction Upheld on A-Peel 

Banana Costume Protectable by Copyright, Preliminary Injunction Upheld on A-Peel

On August 1, 2019, the U.S. Third Circuit Court of Appeals issued its opinion in Silvertop Associates Inc., dba Rasta Imposta v. Kangaroo Manufacturing Inc., 2019 WL 3484240. 

At issue was whether the manufacturer of a banana costume was likely to prove copyright infringement by a competing banana costume manufacturer. The trial court entered a preliminary injunction, finding the plaintiff was likely to prove copyright infringement of its banana costume. 

Until recently, copyright protection for costumes, uniforms, and other items of clothing was rare because they are classified as “useful articles.” 

Useful articles include clothing or a car that serve a primary purpose other than aesthetic pleasure. Useful articles’ value is derived from their utilitarian, not artistic, characteristics. They are exempt from copyright protection to avoid monopolizing utilitarian ideas that serve important, non-artistic functions.

Then the cheerleaders came. 


You Created It.
We Protect it.

Crystal T. Broughan
Intellectual Property Attorney




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