State Regulators and Nonprofit IP - Bibliography
RESOURCES FOR NONPROFITS
Lesley Rosenthal, Good Counsel: Meeting the Legal Needs of Nonprofits (John Wiley and Sons Inc., 2012).
WOUNDED WARRIOR COPYRIGHT INFRINGEMENT CASE (Pa.)
Jim Boyle, Wounded Warrior Project sues Pa. group claiming copyright infringement, The Pennsylvania Record, (Oct. 1, 2014).
- Lawsuit filed by Wounded Warrior Project (WWP) in October 2014, seeking injunctive relief against Keystone Wounded Warriors (Keystone) of Pennsylvania. WWP alleges that the Keystone group logo and mission statement too closely resembles its own and thus infringes on its copyright, in violation of federal law. Plaintiffs filed this action in United State District Court for the Eastern District of Pennsylvania.
WOUNDED WARRIORS v. WOUNDED WARRIORS FAMILY SUPPORT (Neb.)
WWP, Inc. v. Wounded Warriors Family Support, Inc., 2011 U.S. App. LEXIS 579 (8th Cir. 2011)
SUSAN G. KOMEN FOUNDATION
Laura Basset, Susan G. Komen Foundation Elbows Out Charities Over Use Of The Word 'Cure,' Huffington Post, (Dec. 7, 2010).
ALZHEIMERS FOUNDATION OF AMERICA
Ameet Sachdev, Alzheimer's charities fight over money, Chicago Tribune, (July 27, 2010).
Kathianne Boniello, Alzheimer‘s charities’ tug-of-cash over 178G mixup, New York Post, (May 2, 2010).
LEGO TRADEMARK CASE
Jean Hopfensperger, LEGO to Project Legos: Let go of our trademark, StarTribune, Mar. 23, 2010.
- Suit against a small Minneapolis nonprofit by Toymaker LEGO alleging that the nonprofit benefitted from toy company's name.
CMTY. FOR CREATIVE NON-VIOLENCE v. REID
Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730, 109 S. Ct. 2166, 104 L. Ed. 2d 811 (1989)
- Supreme Court decision which discusses "work made for hire" doctrine in copyright law. Justice Marshall delivered the opinion of a unanimous court which found that sculptor was independent contractor, rather than employee of the nonprofit association. Consequently sculpture was not work for hire and belonged to sculputor, although case was remanded to Court of Appeals for further findings.
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RESOURCES FOR STATE REGULATORS
PowerPoint Presentation, Nonprofits and Intellectual Property: What Every State Regulator Needs to Know, Venable LLP (October 2014)
- Presented at the National Association of State Charities Officials 2014 annual conference.
Illinois Attorney General’s Office, Building Stronger Nonprofit Corporations for Illinois resource page (last visited Feb. 4, 2015).
- Illinois Attorney General's website contains a list of resources recommended by attorney general's Charity Advisory Council for nonprofit organizations. Resources include a list of legal services agencies that provide assistance and handle certain intellectual property matters. Under state law, the Charitable Advisory Council, which is composed of citizens appointed by and serving at the pleasure of the Illinois Attorney General, analyzes issues pertaining to charitable giving, volunteerism and fundraising and serves as advisor to the attorney general.
- Cause-Related Marketing -
Press Release, New York Office of the Attorney General, A.G. Schneiderman Issues Best Practices For Breast Cancer “Pink Ribbon” Campaigns (October 18, 2012).
- In 2012, New York Attorney General Eric Schneiderman issued best practices for charitable cause marketing campaigns. The Susan G. Komen For The Cure and Breast Cancer Research Foundation both signed on to these best practices, and many in the industry have come to rely on these guidelines in the hopes of structuring campaigns that are fully transparent.
Washington Nonprofit Handbook: How to Form and Maintain a Nonprofit Corporation in Washington State (2009 Edition).
- Published by the Washington Attorneys Assisting Community Organizations and the King County Bar Association Young Lawyers Division, this resource provides a section on intellectual property considerations for nonprofit organizations.
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RESOURCES FOR NONPROFITS
Webinar, Key Trademark and Copyright Rules for Nonprofits to Follow – and Break!, Venable LLP. (2014).
Webinar, Ten Best Practices for Protecting Your Nonprofit’s Intellectual Property, Venable LLP (2012)
Protecting Your Organization's Intellectual Property, Minnesota Council of Nonprofits,
Ten Key Copyright Issues and Pitfalls Every Nonprofit Should Know, Venable LLP, (May 21, 2015).
Copyright and Fair Use Basics for Nonprofits, Public Council Law Center, (2010).
Kate Spelman, Nonprofits and Copyrights: What You Need to Know, Blue Avocado, (Feb. 1, 2010).
Jeffrey S. Tenenbaum, Associations and Copyright: Practical Tips for Success, Venable LLP (June 2004).
Nonprofits: Break Some Trademark Rules! Venable LLP, (January 26, 2015)
Karen Wu, Nonprofit Trademark: Protect Your Fundraising Brand, The Nonprofit Times, (Nov. 8, 2013).
Andrew Price, Nonprofits: Don't Get Caught Naked (Licensing), Venable LLP, (Mar. 10, 2011).
Emily Chan, What’s in a Name? Lessons learned from current trademark battles, Nonprofit Law Blog, (Aug. 9, 2010).
Jack Siegel, Intellectual Property May Be Intangible, But it is Still Property: Charities Beware, Charities Governance Consulting Blog, (Jan. 29, 2010).
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