12/11/2019 12:00:00 AM It’s Not a Zoo: Why Live Goats and Marching Ducks Can Be Federal Trademarks By Kimberly Maynard Yesterday, I reported on a failed petition to cancel a U.S. trademark registration for “goats on a roof of grass.” Today, I’ll discuss...
12/10/2019 12:00:00 AM Pigs May Not Be Flying, But the Federal Circuit Denies Petition to Cancel Trade Dress Registration for Goats on a Roof By Kimberly Maynard On Monday, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board refusing to cancel Al Johnson’s Swedish...
11/12/2019 11:16:44 PM Everybody must get (Sharon) Stoned By Frankfurt Kurnit Klein & Selz “Sharon, Sharon, Sharon stoned” is a line you may have heard before—over and over again in rapper Chanel West Coast’s 2018 single “Sharon...
11/1/2019 9:40:44 PM Liebowitz Award Limited Even After Default Judgment By Edward H. Rosenthal Photographer John Marshall Mantel took a picture of an artist named Joe Reginella standing next to a sculpture he had created. Mantel...
10/30/2019 11:55:30 PM Liebowitz ordered to post a bond; responds by moving to recuse the Judge. By Edward H. Rosenthal I took a bit of time off in writing about Richard Liebowitz, but that doesn't mean that things have been quiet for this prolific filer of...
10/30/2019 4:16:46 PM Beware! California Wine Company Alleges that Applebee's VAMPIRE Cocktail is Trademark Infringement By Kimberly Maynard On Sunday, just a few days before Halloween, Vampire Family Brands, LLC complained to a California federal court that Applebee’s...
10/23/2019 4:40:49 PM Copyright Small Claims Court Approaching Reality By Craig Whitney Following up our continuing coverage of the pending legislation to create a copyright small claims court, the bill has now been...
10/21/2019 12:00:00 AM How Much Soda Can One Person Drink? By Craig Whitney Is enough ever enough? Apparently not when you're expecting unlimited refills. That's the issue at the heart of a recent false...
9/16/2019 12:00:00 AM Works made for hire are not subject to statutory termination under copyright law; but what is a work made for hire? By Edward H. Rosenthal In a recent decision concerning rights in works created by Italian composer Ennio Morricone, the Second Circuit provided some guidance on...
9/13/2019 1:33:24 AM Don't Underestimate the Band Name By Karen Hsieh Finding the perfect band name is a daunting task. First, all or most band members must like the name. That name should be catchy, easy...
9/12/2019 4:26:56 PM Mercedes’s Claims Against Street Artists Survive Dismissal Motion By Frankfurt Kurnit Klein & Selz Recently, we wrote about the litigations that Mercedes Benz USA filed against several street artists, seeking a court order that its use...
9/7/2019 12:00:00 AM Second Circuit Hears Oral Argument in Appeal of $6.75 Million Award for Artists in 5Pointz Case By Frankfurt Kurnit Klein & Selz Late last month, the Second Circuit Court of Appeals heard oral argument in Castillo v. G&M Realty L.P., the closely-watched case in...
8/12/2019 12:00:00 AM Artist Sues Singer for Shooting then Selling Artwork By Frankfurt Kurnit Klein & Selz A new legal brawl between a musician and a painter raises an interesting question under the Copyright Act: what are the legal obligations...
8/5/2019 4:46:31 PM Yes, That Banana Costume Is Copyrightable By Craig Whitney The question that has undoubtedly been on the mind of every designer -- is a banana costume copyrightable? -- has finally been answered...
8/2/2019 8:26:45 PM Warning: Make Sure Your "Work for Hire" Agreement Is Signed In Advance By Craig Whitney The "work made for hire" doctrine is a fundamental aspect of U.S. copyright law. It allows someone paying for the creation of a...
7/25/2019 6:39:51 PM WIPO Moves Forward with Plan to Stem Ad Revenue Flowing to Online Pirates By Kimberly Maynard The World Intellectual Property Organization’s (WIPO) Advisory Committee on Enforcement recently announced progress made on its Building...