The Decision: The Ninth Circuit upheld the district court decision finding Pharrell Williams and Robin Thicke's song "Blurred Lines" infringed the copyright in Marvin Gaye's song "Got To Give It Up."
The Reasoning: Based...more
3/28/2018
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Jury Verdicts ,
Marvin Gaye ,
Music ,
Music Industry ,
Pharrell Williams ,
Robin Thicke
Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti...more
On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more
Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more
6/24/2017
/ Constitutional Challenges ,
Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Government Speech Doctrine ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
NFL ,
Popular ,
Redskins ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
In a decision likely to affect the fashion and design industries, on March 22, 2017, the United States Supreme Court clarified the test for determining when a design feature incorporated into a "useful article" (such as...more
3/29/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
Uniforms ,
Utilitarian Function
Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more
On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more
3/7/2017
/ Appeals ,
Corporate Counsel ,
Denial of Certiorari ,
Foreign Persons ,
International Litigation ,
Lanham Act ,
Lexmark v Static Control Components ,
Mexico ,
Proximate Cause ,
Standing ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition ,
Unfair or Deceptive Trade Practices