News & Analysis as of

Copyright Lanham Act Fair Use

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
McDermott Will & Schulte

It’s not monkey business: NFTs can be trademarked

The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner...more

Weintraub Tobin

Trademark and Copyright Cases to Watch in 2023

Weintraub Tobin on

It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

McDermott Will & Schulte

This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’

Presented with a publishing company defendant’s mashup of Dr. Seuss’ copyrighted works with Star Trek in a work titled Oh, the Places You’ll Boldly Go!, the US Court of Appeals for the Ninth Circuit tackled claims of both...more

Dorsey & Whitney LLP

Fair Use Mashup Theory Ga-Fluppted by Ninth Circuit

Dorsey & Whitney LLP on

Just in time to steal ComicMix’s Christmas, the Ninth Circuit recently held that the bookmaker’s mashup story Oh, the Places You’ll Boldly Go! (which combines elements of the Dr. Seuss book Oh, the Places You’ll Go! with Star...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2020: "Soft" IP Takes Center Stage at the Supreme Court

The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more

McDermott Will & Schulte

The Public’s Right to Know

In a case involving publication of industry standards, the US Court of Appeals for the District of Columbia reversed a grant of summary judgment in favor of private organizations under the Copyright Act and Lanham Act’s fair...more

Brooks Pierce

Music Law 101: What Every Band Needs to Know

Brooks Pierce on

Last week, Brooks Pierce participated in CD Baby’s DIY Musician Conference in Nashville. We hosted legal clinics, served as mentors, gave out free copies of our Musician’s Legal Handbook, and presented a legal workshop on...more

Robins Kaplan LLP

Copyright Suit Against HBO Tossed

Robins Kaplan LLP on

HBO escaped a copyright lawsuit on Tuesday May 1, after a New York federal judge dismissed claims filed against the network by a graffiti artist. Last July, Itoffee R. Gayle, sued the television network for featuring his...more

Dorsey & Whitney LLP

Dr. Seuss is Drooling Over Court’s Pre-Holiday Ruling

Dorsey & Whitney LLP on

You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....more

Foley Hoag LLP - Trademark, Copyright &...

(You Gotta) Fight for Your Right (to Enforce Your Copyrights!)

The Beastie Boys can look back on 2014 as a year of good copyright outcomes. The preceding years had seen their music used without authorization in two promotional videos, by Goldieblox and Monster Energy, despite the...more

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