The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.
November 01, 2019Michael W. Mitchell and Edward Roche
The ownership of intellectual property rights can be at the core of legal disputes involving pop culture icons. Considering the goodwill, effort and money spent in building a brand, character or commercial impression, it is not surprising that parties to intellectual property agreements find themselves revisiting their arrangements over time. That is what is happening in two recent federal lawsuits, one in New York involving a beloved figure in Philadelphia sports and the other in California focused on the Old Spice cologne commercial jingle.
November 01, 2019Michael F. SnyderThe trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
November 01, 2019Rob MaierPart One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
November 01, 2019Alan L. FrielMore Than a Recitation of Hooke's Law Needed for Patent Protection A Claim for a Chair Limits the Claim to a Chair
November 01, 2019George Soussou and Jeff GinsbergThis summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.
October 01, 2019Stacey C. KalamarasNow that we are in the digital age, questions have been raised about the trade dress of websites and apps.
October 01, 2019Nicole D. GalliA look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.
October 01, 2019Aaron DavidsonPenn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?
October 01, 2019Howard Shire and Christine WellerThe U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.
October 01, 2019Robert W. Clarida and Robert J. Bernstein
