May 29, 2019 ITC to Investigate Infringing Uses of Trademarks and Copyrights to Sell Counterfeits By Kimberly Maynard Style Pantry, LLC, a California-based fashion company associated with fashion blogger Folake Kuye Huntoon, recently secured a commitment...
May 24, 2019 Supreme Court says Trademark Licenses Survive Bankruptcy By Kimberly Maynard This week, in Mission Product Holdings Inc. v. Tempnology, LLC, the Supreme Court settled a dispute between the Circuit Courts regarding...
May 24, 2019 Chris Brown’s “Wobble Up” Video Allegedly Copied Visual Artists’ Work By Frankfurt Kurnit Klein & Selz Following the release of Chris Brown’s video for “Wobble Up,” several artists took to Instagram alleging that the video copied their...
May 17, 2019 N.Y. Supreme Court Dismisses Right of Publicity Claims against Take-Two Based on a Character from NBA 2K18 By Frankfurt Kurnit Klein & Selz In an important decision, a New York court granted a motion to dismiss a right of publicity claim brought by a streetball player named...
May 17, 2019 Porn Producer 'Strike 3' Strikes Out In Copyright Case By Craig Whitney Strike 3 Holdings has been hailed as the "Steven Spielberg of porn." It has also been called a copyright troll. Whether or not these...
May 16, 2019 Insights on Gen Z's Perceptions of Brands & Counterfeits By Rachel Santori The International Trademark Association ("INTA") released a study that explores Gen Z's relationships with brands and their perceptions...
May 16, 2019 Adidas Gets a Boost in Yeezy Copyright Battle By Nicole Bergstrom Adidas's two-year effort to secure copyright registration over design elements of its massively popular Yeezy Boost 350 sneakers finally...
May 16, 2019 A Tale of Two Tumbleweeds By Frankfurt Kurnit Klein & Selz As a native of the Southwest, I feel it is my civic duty to inform you of a legal showdown over the copyright in tumbleweeds – sculptures...
May 15, 2019 Joel Embiid Registers Trademarks in THE PROCESS By Frankfurt Kurnit Klein & Selz After a dramatic Game 7 playoff loss to the Toronto Raptors on Sunday, Philadelphia’s outspoken center Joel Embiid told reporters, “I...
May 13, 2019 Hotel Can Legally Destroy Artwork, but Can’t Reproduce It, Says Court By Frankfurt Kurnit Klein & Selz What is a visual artist’s remedy when a mural he painted onto the wall of a hotel bar is covered with wallpaper, and reproduced onto...
May 11, 2019 Putting some teeth into Copyright law By Edward H. Rosenthal In order to be eligible for protection under US copyright law, a creative work must be "sufficiently original" to merit protection. But...
May 10, 2019 Fed Circuit rules ITC decisions on trademark issues do not have preclusive effect in district court By Kimberly Maynard Yesterday, the Federal Circuit held that the International Trade Commission's decisions "pertaining to trademark infringement or validity...
May 06, 2019 Trademark Office Will Allow Registration of Some Cannabis-Related Marks By Danielle Maggiacomo The U.S. Patent and Trademark Office issued new guidelines on May 2, 2019, making clear that trademarks for certain cannabis and...
May 03, 2019 Two Cases at the Starting Line By Edward H. Rosenthal The Kentucky Derby will take place on Saturday, which makes this a good time to write about recent litigation coming out of the world of...
May 03, 2019 Copyright Small Claims Bills Introduced in Congress By Craig Whitney Copyright small-claims court may soon be a reality. This week, corresponding bills were introduced in the House and Senate, both with...
May 02, 2019 When Death Leads to Dismissal Before the Trademark Trial and Appeal Board By Kimberly Maynard The Trademark Trial and Appeal Board just issued its 10th Precedential Opinion of 2019, dismissing an opposition based on Section 2(c) of...