The United States Copyright Office, like other government agencies and private-sector entities, is reckoning with the implications of artificial intelligence. In February, the Office canceled an artist’s copyright...more
At over 5,000 pages long, few have likely read the entire contents of the recently enacted COVID-19 relief bill (known as the “Consolidated Appropriations Act, 2021”). The highlights of the bill, of course, are its economic...more
The Supreme Court held last week that BOOKING.COM—when used in connection with hotel reservation services—is not generic, rejecting the USPTO’s “sweeping rule” that a combination of a generic word and “.com” is generic. The...more
7/7/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
The use of copyright to protect street art is on the rise. While street artists should be aware of their rights under copyright law, building owners should also be aware that authorizing street art on their buildings without...more
Inside the United States Copyright Office is a Review Board that makes final agency determinations on copyright eligibility, by either accepting or rejecting applications to register a particular work and publishing a...more
Following on the heels of Matal v. Tam in 2017, the Supreme Court on Monday issued a 6-3 opinion in Iancu v. Brunetti striking down the Lanham Act’s prohibition on “immoral” and “scandalous” trademarks, holding that it...more
6/27/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
The United States Patent and Trademark Office (USPTO) recently launched a pilot program designed to expedite cancellation proceedings at the Trademark Trial and Appeal Board (TTAB). ...more
On June 28, the Supreme Court announced that it will address the long-standing circuit split regarding the Copyright Act’s prerequisite for copyright infringement suits.
Although a copyright registration is not required...more
The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent electronically by December 31, 2017.
The Digital Millennium Copyright Act (DMCA) offers a safe...more
The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent by December 31, 2017.
The Digital Millennium Copyright Act (DMCA) offers a safe harbor to internet...more
On March 22, 2017, the Supreme Court, in a 6-2 opinion by Justice Thomas, affirmed the Sixth Circuit’s holding that the two-dimensional graphic designs on Varsity Brands’ cheerleading uniforms are eligible for copyright...more
On October 7, 2016, the U.S. Patent and Trademark Office (“USPTO”) published a Federal Register Notice of Final Rulemaking amending the Trademark Rules of Practice that govern practice before the Trademark Trial and Appeal...more
On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more
Earlier this month the Ninth Circuit issued an amended opinion in the longstanding “Dancing Baby” notice-and-takedown case. The court added further support for its initial September 2015 holding that a copyright holder must...more
Kristen McCallion and Natalie Arbaugh discuss emerging trends in brand protection and anti-counterfeiting, and how consumer products companies can protect their valuable brands from trademark infringers and counterfeiters in...more
The United States Court of Appeals for the Federal Circuit ruled last week that Section 2(a) of the Trademark Act, 15 U.S.C. 1052(a), the provision used as a basis to bar registration of “disparaging” marks, is...more
The Digital Millennium Copyright Act (DMCA) generally prohibits the circumvention of technological measures employed by or on behalf of copyright owners to protect their works (also known as “access controls”). But every...more
Last Friday, the Second Circuit ruled that Google’s project to digitize and index millions of copyrighted books without permission from the copyright owners is a non-infringing fair use. Through its book-scanning projects,...more