Drake's Sampling is a Fair Use
In the early 1980s, Jimmy Smith, an American jazz musician of some renown, recorded the album Off the Top, consisting of six...
In the early 1980s, Jimmy Smith, an American jazz musician of some renown, recorded the album Off the Top, consisting of six...
Ok, so now I'm confused. Just recently, we discussed the dismissal of a putative class action where advertising dog food as...
In September 2018, Kiva Health Brands LLC (“KHB”), which supplies natural foods under the trademark KIVA, sued Kiva Brands Inc. (“KBI”)...
Last week, I discussed the USPTO’s new rules, including the requirement that applicants supply an email address to which they have direct...
There are no shortage of consumer class action false advertising cases over the use of word "natural." It doesn't matter whether...
When Colors in Optics, Ltd. sought registration of J HUTTON for its “eyewear, eyewear frames, and sunglasses,” it likely did not...
When you retweet - using functionality built into Twitter's platform that is fundamental to how Twitter works - can you be held...
In February 2018, we wrote a detailed summary of the procedural background of the case and Judge Block’s decision (available here), and...
In Spiritline Cruises LLC v. Tour Management Services, Inc., another precedential decision of 2020, the Trademark Trial and Appeal Board...
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...
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....
Defendants operate the Museum of Ice Cream, a pop-up, immersive experience with ice cream-themed rooms through which guests can roam and...
In its first precedential opinion of this decade, the Trademark Trial and Appeal Board tackled motion marks. A motion mark is a...
Late last week, the Trademark Office made waves when it published Examination Guide 1-20, which contains the latest update on the...
Last week, I wrote about an old fashioned family dispute over the rights to the FLETCHER trademark for corn dogs. At that time,...
The litigants in this case are at opposite ends of the political spectrum. Their disagreements - including (and especially) about the...
Set your clocks. On February 10, 2020, the sun will rise on the new .gay gTLD.
For those who may need a brief refresher on gTLDs,...
This week, I learned that the oblong breaded meat served in my elementary school cafeteria was born in 1942 at the Texas State Fair....
When, in the deliciously subversive film Heathers, Veronica (played by Winona Ryder) snaps at Heather Chandler (a.k.a. "Heather #1"), "
A decision out of the Ninth Circuit that demands that we roll up our sleeves and attempt an exegesis on a Creative Commons public...
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