12/22/2021 11:11:58 PM Instagram Strikes Again: Users Can Now Disable Embedding By Craig Whitney The embedding saga continues. The right to embed another's photo or video that was posted on social media has been one of the most hotly...
10/5/2021 8:16:14 PM When is Music in Political Campaigns Transformative? SDNY Judge Rejects Trump's Fair Use Arguments By Glenda Dieuveille Political candidates have long used pop songs in their visual and audio campaign materials. For example, anytime I hear Katy Perry’s hit...
9/7/2021 1:01:17 PM The Right Tool for the Job: Fifth Circuit Revives “Texas Hammer” Trademark Lawsuit By Benjamin G. Murray In online advertising, it’s commonplace for businesses to purchase competitor trademarks as search engine keywords to get in front of...
8/4/2021 1:26:03 PM Embedding Images May Be Copyright Infringement After All By Craig Whitney Another bombshell has dropped. Is change coming? For over a decade, it was generally considered safe to include an image or a video on...
7/13/2021 8:16:02 PM Borat's Subsequent Litigation Lawsuit By Edward H. Rosenthal Sacha Baron Cohen is no stranger to litigation. The creator of the Borat, Ali G and other characters has been sued on several occasions....
7/9/2021 4:14:58 PM It’s My Party And I’ll Sue You If I Want To: The Reagan Foundation Sues Over Use Of Marks On Trump-Supporting Website By Glenda Dieuveille Over the last year, journalists have written about the Republican party’s “identity crisis”—should Republicans walk away from Donald...
3/11/2021 12:00:00 AM A Primer on NFTs and Intellectual Property By Jeremy Goldman Non-Fungible Tokens (NFTs), the latest cryptographic craze, have exploded into the world of media and entertainment, creating new markets...
12/22/2020 12:00:00 AM Congress Passes 3 New IP Laws In Midnight Deal By Craig Whitney Around midnight last evening, Congress passed the Consolidated Appropriations Act, 2021, which notably included another COVID-19 relief...
12/8/2020 4:59:43 AM Can a Company Own 'Enby'? Sex Toy Company Sues Black/Trans-Owned Company for Trademark Infringement By Christina Campbell On November 17, 2020, Wild Flower, a LGBTQ-owned sex toy company, sued a new Black/trans-owned sex toy company called Shop Enby for...
11/20/2020 12:00:00 AM The Winner of the Console Wars is…Light Beer? By Frances Jensen Bud Light has entered the chat. Anheuser-Busch’s popular brand of light beer, Bud Light, announced its own video game console named the...
10/24/2020 12:00:00 AM Battle Lines Drawn Over Font Copyright Protection By Jeremy Goldman A decades-long, quietly simmering battle over the copyrightability of fonts is poised to flare into all-out war in light of recent and...
8/12/2020 2:52:09 PM 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...
8/3/2020 1:30:00 PM 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...
6/29/2020 12:00:00 AM Court Deems Vanilla False Advertising Claims Too... Vanilla By Craig Whitney For those following our blogs, you've likely come across discussions of false advertising litigation trends involving the use of terms...
6/9/2020 4:57:29 AM 3M Continues to Use Lanham Act to Combat Nefarious Use of 3M Mark for N-95 Masks By Kimberly Maynard Over the course of the last several months 3M Company, manufacturer of critical N-95 masks, has repeatedly turned to trademark law to...
6/4/2020 9:45:17 PM Copyright Office DMCA Report: What You Need to Know By Craig Whitney Caren Decter Christina Campbell On May 21, 2020 the Copyright Office published a long-awaited report on Section 512 of the Digital Millennium Copyright Act (DMCA) (the...