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Decoding IP Blog
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In a highly anticipated ruling, the Supreme Court of the United States recently held that the disparagement clause of federal trademark law violates the First Amendment. This disparagement clause refused federal trademark registration for trade
Sometimes a President can’t always do what he wants. But tell that to the owner of the Twitter handle @RealDonaldTrump, who happens to also be the current President of the United States and a new government actor. Mr. Trump has created more con
The ill-fated Fyre Festival drew delighted mockery from Internet denizens earlier this month and continues to draw lawsuits against the organizers. Social media “influencers” played a huge role in convincing people to buy tickets to the event t
In the United States, trademark rights generally go to the first to use a mark in commerce as opposed to the first to file a mark with the trademark office. But what does that really mean? A recent trademark dispute case, Nexsan v. EMC, made he
Are Internet streaming services cable systems under Section 111 of the Copyright Act and therefore entitled to retransmit broadcast television under the compulsory license scheme? Under Section 111, cable systems can rebroadcast traditional bro
The “Fearless Girl” statue sparked headlines around the world in March when it appeared opposite the famous “Charging Bull” statue at Manhattan’s Bowling Green. The statue, commissioned by State Street Global Advisors as an advertisement for it
Every couple of years, we see social media users publishing long posts containing broad declarations of copyright with lots of legalese. We want to shout from the rooftop: STOP! Those posters are not doing anything to preserve their intellectu
Hastags – a pound sign followed by a word or series of words with no space between – are ubiquitous on social media. People use them to spark and continue conversation about various topics on social media platforms. But can they be trademarked?
When Hasbro introduced a hamster named “Harris Faulkner” to its “Littlest Pet Shop” line of animal character toys, it drew a multi-million dollar lawsuit from real-life television journalist Harris Faulkner. The complaint, filed in New Jersey,
The use of photographs and other digital images on the web can be a tricky business. Copyright owners are increasingly taking steps to police their images by monitoring web content using automated means like web scrapers. Many online content cr
Better known for juicy tales of mobsters, adult film stars, and general shenanigans, the now-closed Las Vegas strip club “Crazy Horse Too” plays a role in providing important lessons in trademark law. The Ninth Circuit Court of Appeals recently
The European Union (EU) is an economic and political partnership involving 28 European countries. It began after World War II, in large part because many Europeans felt that countries which trade and work closely with each other are less likely
A couple of months ago we spoke about copyright protection for clothing designs. Now it’s time to talk about shoes and trademarks. Converse, the maker of the ubiquitous Chuck Taylor All Star sneakers, filed lawsuits against thirty shoe manufact
On May 11, 2016, President Obama enacted a new federal trade secret protection law known as the Defend Trade Secrets Act of 2016 (DTSA). The DTSA makes federal protection against the misappropriation of trade secrets available to private partie
It’s political convention time once again and that means more intellectual property drama! This political season has already given us trademark disputes involving cease and desist letters and living person name registrations. Now we have copyri
On June 23, 2016, in a referendum dubbed “Brexit” voters in the United Kingdom (UK) opted to leave the European Union (EU), sending economic and political shockwaves around the globe. Obviously, the actual Brexit process will not be taking plac
Understanding the New Federal Trade Secret Law On May 11, 2016, President Obama enacted a new federal trade secret protection law as part of an update to the Economic Espionage Act of 1996 (EEA). The new trade secret law, known as the Defend Tr
The 2016 presidential contest once again pushed trademark law into the news. A few weeks ago, it was the Democrats. Now it’s the Republicans. Well, sort of. John Oliver’s late-night show aired a segment critical of Republican presidential candi
Many software companies, developers, and legal eagles have been watching Oracle’s and Google’s face-off over the question of whether Google’s Android software infringes a copyright Oracle acquired through its purchase of Sun Microsystems. After
Can you copyright your fashions? In general, clothing designs: i.e., the cut and design of articles of clothing, are not protected by copyright law because the statute expressly excludes protection for “useful articles.” One of the murkiest iss
The 2016 Presidential election campaign is in full swing and the world of IP law is not immune from it. But we aren’t talking about policy positions, we’re talking trademark and copyright. Last month, lawyers for the Bernie Sanders campaign sen
Your car can be a copyrighted character. Ok, not really. But the Batmobile is. And other cars in films may be as well. DC Comics sued Gotham Garage for copyright infringement alleging that the custom “Batmobile” cars and car modification kits m
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