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SCOTUS: Inadvertent Mistake in Copyright Application Does Not Invalidate Registration

USA - March 3 2022 In Unicolors v. H&M, the U.S. Supreme Court held that “[l]ack of knowledge of either fact or law can excuse an inaccuracy in a copyright registration…

Designer Sues Lego Over Jacket Worn by Queer Eye Star

USA - March 1 2022 James Concannon, a multi-Disciplinary artist, sued the toy company Lego in the United States District Court of Connecticut for copyright infringement…

TTAB Affirms Non-Use Refusal Where Applicant Merely Prepared to Provide Services

USA - February 25 2022 Trademark rights in the United States are established through use. As such, trademark applicants are not permitted to register a trademark with the…

Skater Can’t Land Lanham Act Complaint Against Video Game

USA - February 10 2022 Zachary Miller, a well-known professional skateboarder, was paid by Easy Day Studios Pty. Ltd. and Reverb Communications, Inc. to help develop a…

Repudiation of Ownership Costs Pulp Fiction Photographer Copyright Claim

USA - January 26 2022 Nearly thirty years ago, on October 14, 1994, Quentin Tarantino’s Pulp Fiction took the world by storm. The indie film with an $8 million budget…

TTAB Twofer: Board Denies Modification of SPO, Rules GDPR Does Not Apply in TTAB Proceedings

USA - January 21 2022 In consolidated proceedings, the Trademark Trial and Appeal Board (“TTAB”) considered two discovery-related motions filed by Chicago Mercantile…

SDNY Allows Skechers to Walk Away from Trademark Claims

USA - January 19 2022 After Skechers began selling open-back women’s shoes under the name “Commute Time” in August 2018, Easy Spirit, owner of the mark TRAVELTIME for…

Instagram’s Newest Features Prevent Unwanted Embedding

USA - January 14 2022 With a split between the Second and Ninth Circuits looming regarding embedded content and copyright infringement, Instagram rolled out a new feature…

Prosecution Pointer 311

USA - January 12 2022 As a part of the USPTO’s efforts to modernize and streamline their patent application systems, applicants have the ability to file patent…

CARU’s Revised Guidelines for Children’s Advertising: What They Mean for Marketers

USA - January 11 2022 Young children comprise one of the most vulnerable demographics when it comes to advertising. In an effort to shield Young children from misleading…