Intellectual Property Pulse

Top 10 Charitable Solicitation Registration FAQs from Nonprofits

Cogency Global

MAY 9, 2024

What this is : In the world of nonprofit corporations, much of the focus is on charitable organizations. These types of nonprofit organizations come up with many recurring questions, especially as they relate to fundraising and state charitable solicitation registration requirements nationwide.

Registration

Understanding Nonprofit Risk Management: 3 Things to Know

Cogency Global

MARCH 7, 2024

What this is: An introduction to nonprofit risk management, including the types of risks nonprofits commonly face, how to conduct a nonprofit risk assessment and effective risk mitigation strategies. What this means: Nonprofit risk management is the process of identifying, prioritizing and mitigating risks at your organization.

Registration

When Are Nonprofits Exempt From Sales Tax? Sales and Use Tax Exemption – Cogency Global

Cogency Global

MAY 2, 2024

What this is : Most nonprofits are exempt from federal and state income tax, and they are also frequently exempt from real property tax. But the one tax exemption that even nonprofits sometimes find elusive is sales tax.

Registration

Nonprofit CRMs: How to Navigate Data Privacy and Compliance

Cogency Global

MARCH 28, 2024

What this is : Nonprofits increasingly rely on constituent relationship management (CRM) systems to collect, organize and manage data. What this means : In this guide, we’ll explore the steps your nonprofit should take to protect your database.

Privacy

Privacy Registration

Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

JD Supra Law

SEPTEMBER 7, 2023

To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective purposes. As nonprofit executives, you may be wondering how AI intersects with intellectual property and data privacy law, and how it could affect your organization.

Intellectual Property

Intellectual Property Privacy Technology Law

How Fundraising Platforms Can Manage Nonprofit Compliance

Cogency Global

SEPTEMBER 28, 2023

What this is: This guide explains how fundraising platforms can be used to help manage nonprofit compliance. What this means: Nonprofits that are looking to maintain compliance using the tools from their fundraising software can benefit from some of the tips in this article.

Registration

Supporting resilience and preventing burnout in nonprofits

McKinsey Operations

APRIL 11, 2023

The nonprofit sector in Australia faces a high rate of burnout, but employers can reduce the problem by improving workplace mental health and establishing the right support structures.

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

JD Supra Law

APRIL 2, 2024

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with copyrights. By: Venable LLP

Copyright

Digital Rights Nonprofit's Bid To Unseal IP Docs Is Too Late

IP Law 360

MAY 2, 2024

a Texas federal judge ruled Thursday, saying the digital rights nonprofit's bid to intervene in the case came too late. Electronic Frontier Foundation cannot unseal filings in a chipmaker's patent suit against Charter Communications Inc.,

IP

IP Patent

Independent Financial Audits: An Overview for Nonprofits

Cogency Global

AUGUST 24, 2023

What this is: A guide to the basics of nonprofit financial audits, including when nonprofits need to conduct audits, the benefits of financial audits, how to prepare for one and a general timeline. Some nonprofits are required to conduct audits, while others choose to for financial management reasons.

Registration

AI Models' Link To Nonprofit Data Raises Fair Use Question

IP Law 360

JANUARY 18, 2024

Developers of generative artificial intelligence models are using vast datasets compiled by nonprofits to train large language models and text-to-art platforms, raising the question of whether AI companies can shield themselves from copyright liability because they did not compile or pay for the material.

Fair Use

Fair Use Art Copyright

2nd Circ. Frees FDNY From TM Limits In Nonprofit's Suit

IP Law 360

APRIL 16, 2024

The Second Circuit on Tuesday threw out an injunction barring New York City and its fire department from using the allegedly infringing term "medical special operations," reasoning in the trademark suit that it's too general to be considered an infringement of a nonprofit's name for meetings.

Trademark

Nonprofit Seeks Over $300K Atty Fees Over X Defamation Win

IP Law 360

APRIL 9, 2024

A nonprofit organization focused on challenging hate speech asked a California federal judge to approve more than $300,000 in attorney fees following a successful defense against Elon Musk and social platform X Corp.'s s claims over an allegedly defamatory article.

The Basics of Starting Your Nonprofit Organization Why Start A Nonprofit Organization?

Stock Legal Blog

JUNE 6, 2023

Nonprofit organizations help their community, whether it is locally, nationally, or globally. As such, nonprofit organizations typically have an educational, scientific, religious, or charitable purpose. They are given tax advantages because they provide valuable services and assistance to people.

The Metaverse: A Legal Primer for the Nonprofit Sector

JD Supra Law

AUGUST 1, 2022

While it offers clear opportunities for nonprofits, the Metaverse also presents distinct legal challenges. We highlight a few key legal issues nonprofits should consider before making the leap into the Metaverse. By: ArentFox Schiff

Marketing

Marketing Marketing

X Corp. Judge Blasts Suit Against Hate Speech Nonprofit

IP Law 360

FEBRUARY 29, 2024

s contract suit against a nonprofit claiming hate speech has surged on the former Twitter platform with Elon Musk's ownership, saying X's argument on damages "reduces foreseeability to one of the most vapid extensions of law." A California federal judge on Thursday appeared inclined to toss X Corp.'s

Ownership

Ownership Contracts Law

The Challenge of Tracking Compliance Due Dates for Nonprofits

Cogency Global

MAY 11, 2023

What this is : A list of some of the challenges you could face when it comes to pinpointing due dates for nonprofit compliance. What this means : Due to the lack of uniformity, there’s no shortage of differences in what triggers state corporate and charitable compliance due dates.

Registration

Nonprofit Launches Certification For Non-Infringing AI Models

IP Law 360

JANUARY 17, 2024

Fairly Trained, a nonprofit founded by former Stability AI vice president for audio Ed Newton-Rex, announced Wednesday that it has created a stamp of approval for artificial intelligence companies that can prove they asked for permission to use copyrighted training data for their generative products.

Copyright

From Nonprofit to $29 Billion Valuation – The Promise and Danger of OpenAI

IP Watchdog

JANUARY 8, 2023

This would make OpenAI, which started life as a nonprofit and generates virtually no revenue, one of the most valuable U.S. Chatbots have captured the imagination of users and investors alike. They provide fast, succinct, and outwardly accurate responses to detailed questions well beyond the capabilities of Alexa, Siri and Google search.

Journalism

Journalism Reporting Technology Intellectual Property

[Audio] Copyright Issues for Nonprofits

JD Supra Law

DECEMBER 13, 2022

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers the basics of copyright law that most nonprofits need to know about. We answer the questions: Who owns what? How does the owner protect their rights? Does the owner even want to? When can you use someone else's work?

Copyright

Copyright Intellectual Property Law Intellectual Property Copyright Law

NYC Nonprofit Sues Rival Over 'Brooklyn Half Marathon' TM

IP Law 360

FEBRUARY 20, 2024

The nonprofit behind road races including the New York City Marathon has filed a suit against a rival organizer it claims infringed its trademark for the "Brooklyn Half Marathon" race.

Trademark

Nonprofit Organizations Beware: Is This a Legitimate Copyright Infringement Takedown Notice or a Phishing Scam?

JD Supra Law

MARCH 4, 2022

Nonprofits should be aware of a troubling trend: phishing emails disguised as legitimate Digital Millennium Copyright Act (DMCA) Takedown Notices. Hackers use this ruse to grab your attention by accusing you of violating the law. By: Venable LLP

Copyright Infringement

Copyright Infringement Copyright Law

Injunction Reversed Against Nonprofit In Advertising Row

IP Law 360

MARCH 23, 2023

A New Jersey federal judge on Thursday undid the court's previous grant of a preliminary injunction imposing internal controls against Kars 4 Kids following a suit accusing the nonprofit of illegally accepting donations in connection with advertisements on SiriusXM Radio, finding that the claims lacked specificity.

Advertising

Advertising Advertising

Charitable Solicitation Requirements by State - Cogency Global

Cogency Global

MAY 16, 2024

What this is : Charitable nonprofits frequently think they need to register to solicit donations in all 50 states. We’ve got some good news for you: Fortunately, not all states require this.

Registration

Brand Battles: Baltimore Fights Nonprofit Over 'Artscape' TM

IP Law 360

JANUARY 6, 2023

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the city of Baltimore wants to stop a nonprofit from registering the term "Artscape" as a trademark, on the grounds that it is a subcontractor with no ownership rights in the name for the city's annual arts festival — plus three other cases you need to know.

Branding

Branding Brands Branding Ownership

Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights

TorrentFreak

MARCH 19, 2022

The nonprofit group has now stepped in to defend not only fair use but McFree’s right to remain anonymous. Public Citizen Litigation Group is a public interest law firm in the United States that specializes in First Amendment rights, which includes the Supreme Court-endorsed right to anonymous free speech.

Fair Use

Fair Use Copyright Infringement Litigation Copyright

Judge Solidifies Nonprofit's 'Cars For Kids' $10M TM Award

IP Law 360

JUNE 14, 2022

million to nonprofit America Can Cars For Kids in a trademark dispute over the name "Cars For Kids," finding that a legal concept protecting parties from unreasonably delayed claims doesn't apply. A New Jersey federal judge has stood by a decision to award $10.6

Trademark

Can Nonprofit Use NBA/NCAA Trademarks for Fundraising?

Dear Rich IP Blog

NOVEMBER 17, 2020

Dear Rich: We are an anti-human trafficking nonprofit creating a team-oriented fundraiser for educational purposes. That is they understand that NBA and NCAA teams are not associated with your nonprofit. We’d recommend against using the names of basketball teams for fundraising purposes.

Fair Use

Fair Use Trademark Trademark Law Copyright

Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late

IP Law 360

APRIL 4, 2024

Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.

Patent

Does My Non-Profit Need Trademark Protection?

Erik K Pelton

MAY 2, 2022

We have been blessed at EMP&A to work with dozens and dozens of nonprofits over the years, doing all kinds of great work. And believe it or not, nonprofits definitely need trademark protection. And believe it or not, nonprofits definitely need trademark protection. Some of them are in health and science fighting disease.

Trademark

Trademark Branding Brands Branding

Royalty Suit Aims To Make Spotify Nix 'Bundled' Subscription

IP Law 360

MAY 17, 2024

In a lawsuit against Spotify, the nonprofit the U.S. Copyright Offices uses to distribute royalties alleged Thursday that the audio streaming service's new premium subscription package could cause illegal underreporting of royalties and cost songwriters and music publishers "hundreds of millions of dollars."

Music

Music Publishing Copyright

Embattled Ex-Animal Rescue Executive Hit With TM Suit

IP Law 360

APRIL 23, 2024

Last Chance Ranch, a nonprofit animal shelter and rescue based in Pennsylvania, has sued its former executive director — who was accused of stealing a kangaroo — and a new nonprofit she created, alleging unauthorized use of the shelter's name and trademarks.

Trademark

Ethics Considerations For Attorneys Joining Nonprofit Boards

IP Law 360

JUNE 30, 2022

Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers to set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

A New Sheriff in Town: California's New Platform Fundraising Requirements

Cogency Global

SEPTEMBER 14, 2023

What this is : Current charitable solicitation laws and regulations were mostly written decades prior to the advent of the Internet, and thus there was little to no guidance for nonprofits on how to comply with existing laws and rules when fundraising online.

Law

Law Registration

Christian Radio Stations Battle Over 'Shine' Trademark

IP Law 360

NOVEMBER 30, 2023

An Illinois Christian college in a new complaint has accused a Washington-based Christian nonprofit of infringing its "Shine" trademark to launch a rival radio station, asking a Washington federal court to block the unauthorized use of its mark.

Trademark

Off The Bench: DraftKings, FIFA Warning, Charity Turmoil

IP Law 360

MAY 3, 2024

FIFA's transfer rules get flagged as a potential antitrust breach and the nonprofit marshaling donations to NFL safety Damar Hamlin sues its former counsel over media leaks. In this week's Off The Bench, DraftKings blocks a former executive from working at an emerging rival in the U.S.,

Community Partner Spotlight: Asian American Arts Alliance (A4)

Copyright Alliance

MARCH 28, 2024

They are a nonprofit “dedicated to strengthening Asian American artists and cultural groups through resource […] The post Community Partner Spotlight: Asian American Arts Alliance (A4) appeared first on Copyright Alliance. Today, we turn the spotlight over to one of our community partners, Asian American Arts Alliance (A4).

Art

Art Copyright

Nonprofit political enterprise not commercial speech, not covered by Lanham Act

43(B)log

JUNE 14, 2022

The Ninth Circuit has already rejected the argument that “sale of [expressive] merchandise [by nonprofits] is nothing more than a commercial transaction and therefore is afforded no constitutional protection.” This was true even as to sale of merchandise with the Be Woke. Vote mark displayed on it. Gaudiya Vaishnava Society.

Social Media

Social Media Registration Trademark Designs

IRS Memo May Deter Athlete NIL Orgs From Going Nonprofit

IP Law 360

JULY 11, 2023

Organizations paying college athletes for use of their names, images and likenesses may be less likely to seek tax-exempt status from the Internal Revenue Service following an agency legal memo generally disputing the appropriateness of exemption for such entities.

Why New Charitable Registration Filers Should Not Blindly Use the URS

Cogency Global

MAY 18, 2023

What this is: Refer to this guide to help you determine whether using the Unified Registration Statement (URS) is right for your nonprofit. What this means: The URS is still a very useful, time-saving tool when registering or renewing to solicit.

Registration

'Bootleg' E-Books Not Fair Use, Book Publishers Tell 2nd Circ.

IP Law 360

MARCH 18, 2024

Four book publishers urged the Second Circuit on Friday to uphold a lower court's finding that the Internet Archive infringed their copyrights with its free e-book lending program, saying the nonprofit distributes "bootleg ebooks from its website to anyone in the world."

Fair Use

Fair Use Publishing Copyright

New Guidance on “Transformative” Use in AWF v. Goldsmith

The Illusion of More

MAY 21, 2023

In this Court, the sole question presented is whether the first fair use factor, “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes,” §107(1), weighs in favor of AWF’s recent commercial licensing to Condé Nast.

Fair Use

Fair Use Licensing Copyright Law Law

Community Partner Spotlight: Undocumented Filmmakers Collective (UFC)

Copyright Alliance

JANUARY 16, 2024

The Undocumented Filmmakers Collective is a nonprofit that “tackles the systemic inequities that undocumented […] The post Community Partner Spotlight: Undocumented Filmmakers Collective (UFC) appeared first on Copyright Alliance.

Copyright

CIPU Report Identifies Key Criteria Driving Strong Entrepreneurship & Innovation Programs at U.S. Universities

IP Watchdog

SEPTEMBER 6, 2023

The nonprofit organization found that E&I programs at U.S. The Center for Intellectual Property Understanding (CIPU) has released a report that gauges the level of intellectual property (IP) engagement at the largest U.S. university entrepreneurship and innovation (E&I) programs.

Reporting

Reporting Intellectual Property IP Business

Top 10 Charitable Solicitation Registration FAQs from Nonprofits

Understanding Nonprofit Risk Management: 3 Things to Know

Trending Sources

When Are Nonprofits Exempt From Sales Tax? Sales and Use Tax Exemption – Cogency Global

Nonprofit CRMs: How to Navigate Data Privacy and Compliance

Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

How Fundraising Platforms Can Manage Nonprofit Compliance

Supporting resilience and preventing burnout in nonprofits

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

Digital Rights Nonprofit's Bid To Unseal IP Docs Is Too Late

Independent Financial Audits: An Overview for Nonprofits

AI Models' Link To Nonprofit Data Raises Fair Use Question

2nd Circ. Frees FDNY From TM Limits In Nonprofit's Suit

Nonprofit Seeks Over $300K Atty Fees Over X Defamation Win

The Basics of Starting Your Nonprofit Organization Why Start A Nonprofit Organization?

The Metaverse: A Legal Primer for the Nonprofit Sector

X Corp. Judge Blasts Suit Against Hate Speech Nonprofit

The Challenge of Tracking Compliance Due Dates for Nonprofits

Nonprofit Launches Certification For Non-Infringing AI Models

From Nonprofit to $29 Billion Valuation – The Promise and Danger of OpenAI

[Audio] Copyright Issues for Nonprofits

NYC Nonprofit Sues Rival Over 'Brooklyn Half Marathon' TM

Nonprofit Organizations Beware: Is This a Legitimate Copyright Infringement Takedown Notice or a Phishing Scam?

Injunction Reversed Against Nonprofit In Advertising Row

Charitable Solicitation Requirements by State - Cogency Global

Brand Battles: Baltimore Fights Nonprofit Over 'Artscape' TM

Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights

Judge Solidifies Nonprofit's 'Cars For Kids' $10M TM Award

Can Nonprofit Use NBA/NCAA Trademarks for Fundraising?

Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late

Does My Non-Profit Need Trademark Protection?

Royalty Suit Aims To Make Spotify Nix 'Bundled' Subscription

Embattled Ex-Animal Rescue Executive Hit With TM Suit

Ethics Considerations For Attorneys Joining Nonprofit Boards

A New Sheriff in Town: California's New Platform Fundraising Requirements

Christian Radio Stations Battle Over 'Shine' Trademark

Off The Bench: DraftKings, FIFA Warning, Charity Turmoil

Community Partner Spotlight: Asian American Arts Alliance (A4)

Nonprofit political enterprise not commercial speech, not covered by Lanham Act

IRS Memo May Deter Athlete NIL Orgs From Going Nonprofit

Why New Charitable Registration Filers Should Not Blindly Use the URS

'Bootleg' E-Books Not Fair Use, Book Publishers Tell 2nd Circ.

New Guidance on “Transformative” Use in AWF v. Goldsmith

Community Partner Spotlight: Undocumented Filmmakers Collective (UFC)

CIPU Report Identifies Key Criteria Driving Strong Entrepreneurship & Innovation Programs at U.S. Universities

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