IP & Media Law Updates

28 Aug, 2020

KFC Presses Pause on IT'S FINGER LICKIN' GOOD Slogan

By Kimberly Maynard

Pandemic Rule Number One: don’t touch your face. Or, more specifically for purposes of this post, keep your fingers out of your mouth. ...

28 Aug, 2020

The Terrible Towel Is A Formidable Foe: Steelers' Licensor Sues Maker of Terrible Masks

By Kimberly Maynard

I’m not a Steelers fan (or even much of a football fan), but I have heard of the Pittsburgh Steelers' The Terrible Towel. I learned this...

27 Aug, 2020

Word To Politicians: "Please [Do] Stop The Music"

By Mma Afoaku

1932: "Happy Days Are Here Again" - Franklin Roosevelt (first presidential candidate to use a pre-existing popular song for a campaign)...

25 Aug, 2020

On the Barefoot Contessa, Peppermint Bark, and the Volitional Conduct Requirement for Copyright Infringement

By Brian Murphy

I don't think it is possible to love Ina Garten, the Barefoot Contessa, more than I do. I love her recipes: they are relatively easy to...

20 Aug, 2020

If You Coexist, You Need Not Desist (Part Two): TTAB Finds No Inevitable or Likely Confusion for Beer Making Kits and Sanitizing Preparations

By Kimberly Maynard

In my last post, I discussed the TTAB’s analysis of laches and acquiescence defenses in The Brooklyn Brewery Corporation v. Brooklyn Brew...

18 Aug, 2020

S.D. Florida Refuses To Toss Artist’s Claims Over Alleged Knock-off Art Installation

By Frankfurt Kurnit Klein & Selz

Recently, we blogged about a copyright infringement lawsuit filed by U.K. artist Bruce Munro, most known for his light-based installation...

18 Aug, 2020

If You Coexist, You Need Not Desist (Part One): TTAB Grants Laches Defense After 4 Years Coexistence

By Kimberly Maynard

In a Precedential Decision released last week, the TTAB upheld Defendant Brooklyn Brew Shop’s Section 18 amendment to its goods...

12 Aug, 2020

Helpless No More? Neil Young Sues Trump Campaign for Use of His Songs

By Edward H. Rosenthal

Last week, lengendary rocker Neil Young sued Donald Trump's presidential campaign (the "Campaign") for copyright infringement for using...

11 Aug, 2020

Porn Company Strikes Back

By Craig Whitney

Over a year ago, I wrote about how adult film producer Strike 3 Holdings -- filer of literally thousands of copyright infringement...

09 Aug, 2020

Fair Use, "The Frankenstein," and the Mixed Up Files of Mrs. Basil E. Frankweiler

By Brian Murphy

Long before I had ever stepped foot in New York City, I had a very specific idea (which turned out to be pretty accurate) of what the...

07 Aug, 2020

Maker of VAMPIRE-Branded Alcoholic Beverages Alleges Grocery Chain Is Taking a Bite Out of Its Trademark Rights

By Dorna Mohaghegh

On Tuesday, Vampire Family Brands, LLC ("VFB") sued HEB Grocery Company, LP ("HEB") in federal court in Texas, alleging that the grocery...

03 Aug, 2020

New York Bill Creating Post-Mortem Right of Publicity Passes Legislature and Awaits Cuomo Signature

By Edward H. Rosenthal

For many years, New York based celebrities, performers' unions and other advocacy groups have pushed to expand New York's Right of...

03 Aug, 2020

I See Me, I Sue You: Jordan Jumps at Card Cameos

By Mma Afoaku

Before the NBA season resumed down in Florida, basketball fans received a big dose of nostalgia with the 10 part airing of the...