1/31/2023 11:05:29 PM Reflections on BAYC’s revolutionary NFT license By Jeremy Goldman Yuga Labs was one of the first NFT projects to popularize issuing an IP license that grants commercial rights to NFT holders – first with...
1/30/2023 9:08:53 PM Whiskey or Whiskey-Flavored? Consumers are Fired Up About “Fireball Cinnamon” Label By Ariel Radow A class action lawsuit has been filed against Sazerac Company, the maker of Fireball Whiskey, for allegedly misleading consumers into...
1/29/2023 2:20:41 PM Sparring Over Stripes: The adidas v. Thom Browne Trademark Trial By Molly Rothschild On the first day of the trademark trial between adidas and Thom Browne Inc., fashion designer Thom Browne showed up to court donning some...
1/27/2023 11:25:33 PM Massive 'Vastflux' Adware Scam Affected Millions of Phones, Thousands of Apps, Hundreds of Publishers By Bram Schumer Imagine a billboard on Sunset Boulevard. Before anything goes up, the billboard’s owner casts about looking for the highest bidder,...
1/26/2023 12:37:40 AM Cereal-sly? Trademark Fight Erupts Between Cereal Giant and Indie Rock Band By Amanda Barkin An unlikely trademark battle has begun between indie rock band OK Go and breakfast cereal giant Post Foods, LLC. The subject of the...
1/25/2023 10:47:36 PM A TRUMP PROSECUTOR’S MEMOIR OF A CASE THAT DIDN’T HAPPEN — AT LEAST NOT YET — IS LATEST TELL-ALL CONTROVERSY By John B. Harris There is a long and rich history in the United States of government officials writing “tell-all” books about their experiences. Vincent...
1/25/2023 9:37:47 PM Cybersecurity: How the New NYDFS Regulation Would Impact Large Companies By Rick Borden Saphya Council This is the fifth post in a series of blog posts that analyze certain major proposed changes in the New York Department of Financial...
1/24/2023 4:53:51 PM Loot Box Litigation Lessons For Game Developers By Emma Smizer Saphya Council Last year marked an eventful year for loot box litigation. Loot boxes are mechanisms that contain unknown virtual items that can be...
1/23/2023 12:02:28 AM A Copyright Pleading Dilemma: How Do You Properly Allege Substantial Similarity When You Can’t Access the Defendant's Code? By Brian Murphy Here's a dilemma. You own valuable software, and you are convinced that your competitor has copied it. However, since your competitor...
1/22/2023 3:56:23 PM SDNY Holds That New York's Right of Publicity Law Is Not An Intellectual Property Right and Therefore is Subject to Section 230 Immunity By Edward H. Rosenthal This past week, Judge Jesse M. Furman of the Southern District of New York ruled, in what he called a case of first impression, that a...
1/19/2023 10:18:33 PM Cybersecurity: New NYDFS Regulation Would Create Additional Board and Officer Requirements -- and Potential Liability By Rick Borden Saphya Council This is the fourth in a series of blog posts analyzing certain major proposed changes in the New York Department of Financial Services...
1/18/2023 7:55:14 PM Do AI generators infringe? Three new lawsuits consider this mega question. By Jeremy Goldman We’re witnessing a massive revolution in artificial intelligence. Tools like ChatGPT, Midjourney, Stable Diffusion, Dall-E and Copilot...
1/17/2023 10:41:38 PM Cybersecurity: New NYDFS Regulations Elevate the Role of the Chief Information Security Officer By Rick Borden Saphya Council This is our third post in a six-part series breaking down proposed amendments to the New York Department of Financial Services (“NYDFS”)...
1/17/2023 1:57:17 PM When a “Trademark” Fails to Function: ASSHOLES LIVE FOREVER Refused Registration by Trademark Office By Kimberly Maynard “Assholes live forever.” A ubiquitous truth, it may be. But, unfortunately for Kirill's Big Brain, LLC, ubiquitous truths often aren’t...
1/17/2023 12:43:49 PM Can The Real Housewives of Salt Lake City Teach Us Something About Right of Publicity Law? By Brian Murphy The "Real Housewives" franchise is one of my guilty pleasures. Why do I devote so much time to a bunch of exhibitionists who are thirsty...
1/13/2023 10:06:45 PM Cybersecurity: NYDFS Proposed Rules Would Mandate Expanded Policies, Procedures, and Technical Controls By Rick Borden Saphya Council This is the second post in our series of deep dives on the proposed NYDFS Cybersecurity Rule revisions (the “Proposal”). If you missed...