Articles: 1-10 of 185
Ninth Circuit Weighs in on Willful Blindness and the Knowledge Needed for Contributory Trademark Infringement
USA - September 21 2023 Contributory liability is important for brand owners to consider when seeking to enforce their trademarks online, especially when dealing with online…
D.C. Circuit Finds Copyright Office Did Not Abuse Its Discretion: GenAI Art Lacking Human Authorship Is Not Registrable
USA - September 19 2023 In the first federal court ruling of its kind, the U.S. District Court for the District of Columbia has concluded in Thaler v. Perlmutter that…
Procedural Mischief and Intentional Copying Lead to Summary Judgment in Trademark Battle Between Social Clubs
USA - September 14 2023 A defendant opposing a motion for summary judgment in a trademark case often repeats the refrain that issues of likelihood of confusion and dilution…
LEGO Piece Might Infringe Jacket Designer’s Copyright and Trade Dress
USA - August 31 2023 We previously discussed an amended complaint filed by artist James Concannon against LEGO alleging copyright and trade dress infringement. Concannon…
Embedding and the “Server Test” Survive in the Ninth Circuit…For Now
USA - August 24 2023 The Ninth Circuit has ruled that its “server test” allows for copyrighted content to be embedded on another’s website without violating U.S…
Court Downs Comparative Advertising and Copyright Claim, Follows with a Made in USA Chaser
USA - August 16 2023 Authored and Edited by Margaret A. Esquenet; Kevin Lam† Can one company use another’s copyrighted images in its advertisements to contrast where the…
Endorsement Guides and Fake Reviews: What Advertisers and Influencers Need to Know About the FTC’s Recent Announcements
USA - August 8 2023 The Federal Trade Commission recently announced long-awaited updates to its Endorsement Guides ("Guides"), along with a new proposed rule banning…
Big Fish on the Hook for A&E’s Live PD Copyright and Trademark Claims
USA - July 26 2023 On this week’s Episode, we have the plaintiff A&E Television Networks, LLC (“A&E”) facing defendants Big Fish Entertainment, LLC (“Big Fish”), Half…
Art Basel Duct Tape Banana Art Not Infringing
USA - July 13 2023 Perhaps you remember in 2019 when three Art Basel afficionados purchased a banana duct-taped to a wall for $120,000? Visual and conceptual artist Joe…
SCOTUS Vacates Hetronic’s $96 Million Win, Holding Lanham Act Cabined to Domestic Use in Commerce
USA - June 30 2023 Following closely on the heels of the Supreme Court's most recent trademark decision in the Jack Daniel's case, the Court delivered yet another…
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