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Copyright protection and ownership in the United States
  • Hunton Andrews Kurth LLP
  • USA, Global
  • October 29 2018

A structured guide to copyright protection and ownership in the United States

An Employer’s Resolutions for the New Year - A Mini-Series from the Employment Matters Blog
  • Mintz
  • USA
  • November 29 2017

Welcome (almost) to the New Year: a time of renewal, a fresh start, a clean slate, and a time to make and hopefully keep resolutions. A “New Year’s

The SEC and ICOs: Putting the SEC’s Determination that DAO Tokens are Securities in Context
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 27 2017

On July 25, 2017, the U.S. Securities and Exchange Commission (“SEC”) issued a report (“Report”) detailing its investigation into whether the DAO (an

Beauty lies in eye of beholder: 'utilitarian' purpose and Copyright Act
  • South Africa
  • August 22 2016

A single judgment often has far-reaching implications on the interpretation and application of legislation. For example, the legal fraternity often

“Utilitarian” purpose and section 15(3a): Beauty lies in the eye of the beholder
  • South Africa
  • August 5 2016

Like a butterfly flapping its wings on the other side of the world, a single judgment often has far reaching implications on our interpretation and

If it Ain’t Broke?Ninth Circuit Announces Curious Test of “Applied Art” Under VARA
  • Sullivan & Worcester LLP
  • USA
  • June 16 2016

The Ninth Circuit has ruled against two artists in a long-running dispute about a hybrid school bus creation at Burning Man more than ten years ago

US Supreme Court to review standard for copyright protection of clothing
  • Morgan Lewis
  • USA
  • May 3 2016

The US Supreme Court granted certiorari on May 2 in Star Athletica, L.L.C. V. Varsity Brands, Inc. The Court will consider the appropriate test for

Recent cases show that utilitarian functionality is a serious and common impediment to trade dress protection
  • Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
  • USA
  • June 15 2012

A product shape or package must be non-functional to qualify for trade dress protection.

The mud thickens: the Federal Circuit issues its latest decision on utilitarian functionality, refusing registration to Becton Dickinson’s blood collection tube cap
  • Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
  • USA
  • April 16 2012

On April 12, 2012, the Federal Circuit waded into the increasingly muddy waters of utilitarian functionality law with its decision in In re Becton, Dickinson and Co., 2012 WL 1216281.

How useful is your Halloween costume? Knock-off costumes and the useful article doctrine
  • Foley Hoag LLP
  • USA
  • October 31 2011

So, I hear you are selling Halloween costumes, the designs for which you copied from another manufacturer.