31 May, 2020 Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder By Brian Murphy Plaintiff Lanard makes a chalk holder designed to look like a pencil. The court's opinion is silent on the burning question of why anyone...
30 May, 2020 Nothing "Fishy" About Use of Children's Song "Fish Sticks n' Tater Tots" in Documentary about Burlesque Dancers, Court Rules By Brian Murphy Fish Sticks n' Tater Tots. A typical school lunch during Lent in a Catholic grammar school. Also the title of a children's song written...
30 May, 2020 Despite Government's Unusually Quick Apology, Journalists' Arrests at Minneapolis Riots Underscore Perils of Covering Civil Disturbances By John B. Harris Yesterday's arrest of a CNN news crew covering the riots in downtown Minneapolis presents a stark reminder to journalists everywhere of...
29 May, 2020 USPTO Grants Further COVID-19-Related Relief By Karen Hsieh As reported in our previous posts, the United States Patent and Trademark Office, in response to the COVID-19 outbreak, provided relief...
27 May, 2020 The Inverse Ratio Rule May Be on Its "Last Legs" in the Sixth Circuit By Brian Murphy In March (see this post), the Ninth Circuit (sitting en banc) held that the Inverse Ratio Rule should no longer be employed in copyright...
19 May, 2020 SCOTUS Rules in Favor of Lucky Brand in 20-Year Long Trademark Dispute By Christina Campbell The Supreme Court unanimously ruled on May 14, 2020 that Lucky Brand Dungarees, Inc. was not precluded from raising a certain defense in...
16 May, 2020 Think Tank's Posting of Substantially Cropped Photo of Heartthrob Governor Constitutes Fair Use By Brian Murphy A think tank fellow publishes an opinion piece in The New York Post that includes a fetching photo of New York Governor Andrew Cuomo....
12 May, 2020 The USPTO’s COVID-19 Extensions of Time: What Trademark Attorneys and Brand Owners Need to Know By Catherine Farrelly As we previously reported, the United States Patent and Trademark Office has responded to the COVID-19 pandemic by allowing trademark...
11 May, 2020 Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee* By Vish Mohan Episode 1: Revving the Engine. The show begins with a close-up shot of a person starting a car, quickly highlighting the engine’s purr...
07 May, 2020 “I’M [NOT] YOURS” By Vish Mohan Grammy Award-winning singer-songwriter Jason Mraz (“Mraz”) and the beer brewing company MillerCoors LLC (“MillerCoors”)...
07 May, 2020 No More Monkeying Around - Donkey Kong High Score Record Holder Sues Video Game Leaderboard For Defamation By Frankfurt Kurnit Klein & Selz Famed video game score-chaser Billy Mitchell has struck back against arcade leaderboard Twin Galaxies' determination that at least two of...
02 May, 2020 Gambling Games by Another Name? District Court Offers Clarity On Line Between Social Gaming and Gambling. By Frankfurt Kurnit Klein & Selz The United States District Court for the Western District of Washington recently weighed in on the line between permissible unregulated...
01 May, 2020 Brooklyn Collective Buys Damien Hirst "Spot" Work, and Then Cuts Out and Sells the 88 Spots at a Profit! By Frankfurt Kurnit Klein & Selz What happens when someone buys a work from a famous artist, cuts it up and then sells the constituent parts (as well as what remains of...