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Recent Trademark In Titles Cases Show 'High Bar' for Proving Public Was 'Explicitly Misled'
December 01, 2022
When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject
Can Consumer Products Be 'Expressive Works'?
December 01, 2022
In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.
IP News
December 01, 2022
Trademarks and Free Expression In the Ninth Circuit
New Decisions In Disputes Over Titles Reinforce 'High Bar' In Proving Public Was 'Explicitly Misled'
December 01, 2022
When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.
Upcoming Webinar
December 01, 2022
Join Board of Editors member Kyle-Beth Hilfer, Editor-in-Chief Howard Shire, Aaron Krowne and Wenew GC Christine Lawton for Counseling the NFT Client: A Practical Guide to Legal and Business Issues.
Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright
December 01, 2022
A federal judge in the U.S. District Court for the District of Connecticut sided with the family of a production company executive in finding that the wife of late Broadway lyricist Bob Merrill had no right, under §304(c) of the U.S. Copyright Act, to cancel a more than 50-year-old royalty agreement between the executive and Merrill.
Data Minimization Meets Defensible Disposition: Just Say No to ROT and Over-Retention of Personal Information
December 01, 2022
Like a good diet and regular exercise for the body, data minimization and routine, defensible purging of outmoded documents are essential to maintaining healthy organizational information hygiene.
Leaning on Trusted Partners to Drive Legal Tech Adoption and Avoid Failed Implementation
December 01, 2022
Turning to familiar, trusted partners to help navigate the unruly waters of change management, adoption and an ocean of new legal technology options.
Texas App. Court's Ruling in Suit By Band Member's Lawyer
December 01, 2022
A.B. Quintanilla III, founding member and leader of the Latin music group Kumbia Kings, prevailed on appeal in a dispute with a Texas attorney who claimed Quintanilla conspired to cut the lawyer out of his alleged share of a settlement.
FTX Bankruptcy Sends Tremors Through Crypto Regulation
December 01, 2022
The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation's financial regulatory and bankruptcy landscapes.

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