27 Feb, 2020 Drake's Sampling is a Fair Use By Brian Murphy In the early 1980s, Jimmy Smith, an American jazz musician of some renown, recorded the album Off the Top, consisting of six instrumental...
27 Feb, 2020 Is "Pure" Honey Held to a Higher Standard than "Natural" Dog Food? By Craig Whitney Ok, so now I'm confused. Just recently, we discussed the dismissal of a putative class action where advertising dog food as "natural,"...
24 Feb, 2020 Cannabis And Trademarks: Sale of Cannabis-Infused Products Cannot Form Basis for Trademark Prior Use Defense By Kimberly Maynard In September 2018, Kiva Health Brands LLC (“KHB”), which supplies natural foods under the trademark KIVA, sued Kiva Brands Inc. (“KBI”)...
24 Feb, 2020 Trademark Office Updates Rules For Applicant Email Addresses By Kimberly Maynard Last week, I discussed the USPTO’s new rules, including the requirement that applicants supply an email address to which they have direct...
24 Feb, 2020 "Natural" Claims Evaluated Through a Reasonable Consumer's Eyes, Naturally By Craig Whitney There are no shortage of consumer class action false advertising cases over the use of word "natural." It doesn't matter whether you...
24 Feb, 2020 TTAB Precedent: Registration of J HUTTON Refused As Primarily Merely A Surname By Kimberly Maynard When Colors in Optics, Ltd. sought registration of J HUTTON for its “eyewear, eyewear frames, and sunglasses,” it likely did not...
23 Feb, 2020 Infringement by ReTweet? By Brian Murphy When you retweet - using functionality built into Twitter's platform that is fundamental to how Twitter works - can you be held...
22 Feb, 2020 Second Circuit Affirms $6.75 Million Damages Award to 5Pointz Artists By Frankfurt Kurnit Klein & Selz In February 2018, we wrote a detailed summary of the procedural background of the case and Judge Block’s decision (available here), and...
22 Feb, 2020 TTAB Refuses Registration Of CHARLESTON HARBOR TOURS In Precedential Opinion By Kimberly Maynard In Spiritline Cruises LLC v. Tour Management Services, Inc., another precedential decision of 2020, the Trademark Trial and Appeal Board...
21 Feb, 2020 Discovering Ed Sheeran's Concert Income By Brian Murphy This post is about the latest skirmish in a high-profile lawsuit between the partial owners of the copyright in one of the most famous...
19 Feb, 2020 Let Go of My LEGOs: Copyright Protection for Plastic People By Brian Murphy LEGODallas. We would have vicious fights over who got to use the little LEGO man with a cowboy hat (we only had one) to play J.R. Ewing....
17 Feb, 2020 I Scream, You Scream: Museum of Ice Cream Vindicated in Copyright Infringement Lawsuit By Brian Murphy Defendants operate the Museum of Ice Cream, a pop-up, immersive experience with ice cream-themed rooms through which guests can roam and...
16 Feb, 2020 TTAB Refuses Application for Motion Mark In Precedential Opinion By Kimberly Maynard In its first precedential opinion of this decade, the Trademark Trial and Appeal Board tackled motion marks. A motion mark is a...
12 Feb, 2020 New Trademark Office Guidelines Require Disclosure of Applicant Email Addresses By Kimberly Maynard Late last week, the Trademark Office made waves when it published Examination Guide 1-20, which contains the latest update on the...
11 Feb, 2020 The Corn Dog Saga Continues By Kimberly Maynard Last week, I wrote about an old fashioned family dispute over the rights to the FLETCHER trademark for corn dogs. At that time,...
11 Feb, 2020 Transformative Editing as Fair Use Under Copyright By Brian Murphy The litigants in this case are at opposite ends of the political spectrum. Their disagreements - including (and especially) about the...