4/30/2020 9:32:56 PM Update - The USPTO Further Extends Trademark Deadlines By Christina Campbell As I wrote about in my post last month, the USPTO issued a 30-day extension on the time to file certain trademark-related documents or...
4/30/2020 1:42:24 PM Surely Not The Equivalent Of The Mona Lisa?* By Vish Mohan An update to my previous article on VIP Prods. LLC v. Jack Daniel's Properties, Inc., 953 F.3d 1170 (9th Cir. 2020) (available...
4/28/2020 12:00:00 AM A 5-to-4 Supreme Court Holds Georgia's Annotated Code Not Copyrightable By Craig Whitney The Supreme Court issued an interesting decision in Georgia v. Public.Resource.Org, Inc. yesterday—decided by an unusual combination of...
4/24/2020 12:00:00 AM SCOTUS Says Willful Infringement Is Not Required to Award Trademark Profits By Christina Campbell On April 23, 2020, the United States Supreme Court unanimously ruled that a trademark infringement plaintiff does not have to show...
4/21/2020 11:48:21 PM I can't believe it's not summary judgment - Lawsuit over use of RICH & BUTTERY for wine continues By Dorna Mohaghegh The fight over the Franzia's use of RICH & BUTTERY in connection with its boxed Chardonnay continues. If you're just joining us, we're...
4/17/2020 12:00:00 AM Epic Games Dances Around Infringement Claims as Court Finds Transformative Use By Frankfurt Kurnit Klein & Selz As mentioned in our recent Interactive Entertainment Alert and continuing a run of high-profile video game litigation in the United...
4/16/2020 12:01:23 AM NY Court Tosses Lawsuit Over Street Art Depicted in Film By Frankfurt Kurnit Klein & Selz A federal judge in Brooklyn recently dismissed a lawsuit filed by a street artist who painted a well-known mural in Bushwick and the...
4/15/2020 11:06:03 PM Third Circuit Affirms Dismissal of Defamation Claim by "Trump's Mini-Me" By Nicole Bergstrom At a time when everyone seems to have an opinion about politics, the Third Circuit has confirmed that the First Amendment protects...
4/15/2020 12:00:00 AM False Advertising Beef: Second Circuit Decides No Reasonable Consumer Would Be Confused by Angus Steak Claim By Craig Whitney There are certain fundamental requirements that underlie most false advertising and deceptive business practices laws. There needs to be...
4/15/2020 12:00:00 AM 3M Files Second Lawsuit To Combat COVID-19 Price Gouging By Kimberly Maynard After a public dispute with the White House about exporting N-95 masks, 3M is turning to trademark law to help combat impressions that it...
4/13/2020 8:38:29 PM Florida Botanical Garden Seeks Dismissal of Installation Artist’s Lawsuit, Claiming Artist’s Light Sculptures Are Not Copyrightable By Frankfurt Kurnit Klein & Selz When is installation art copyrightable? A lawsuit against a Florida botanical garden tests whether a well-known artist’s light sculptures...
4/13/2020 3:25:21 PM 3M Sues "Unsavory" Company Selling N-95 Masks At Exorbitant Price; CoronaCide Sues "Nefarious" Company Selling Unapproved Home Test Kits By Kimberly Maynard Unfortunately and predictably—which also is unfortunate—as the need for medical supplies to combat the coronavirus has increased, so have...
4/12/2020 10:42:36 PM Copyright Termination. Chapter 3: When Can Notice of Termination Be Sent? By Edward H. Rosenthal In my last post, I discussed in general terms the timing requirements for when a grant can be terminated (i.e., when termination can be...
4/9/2020 3:39:11 PM Fear Of God Silences Trademark Infringement Claims By God’s Era By Kimberly Maynard A Massachusetts federal court found last week that Plaintiff God’s Era’s minimal sales of its GOD’S ERA clothing in the greater Boston...
4/9/2020 12:00:00 AM Federal Circuit Issues Precedential Opinion Finding Colors In Product Packaging Can Be Inherently Distinctive By Kimberly Maynard I recall shopping for my mother in my youth, and hearing her say over the phone “it’s the one in the [insert color] package”. My mother,...
4/9/2020 12:00:00 AM The Batmobile is Copyrightable... Your Cute and Fuzzy Characters May Not Be By Craig Whitney Copyright tip of the day: If you're going to create a literary and graphic character, find a distinctive concept and stick with it. ...