Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
(Podcast) The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
(Podcast) The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
The Briefing: The Stanley Cup Clash - A Trademark Battle (Podcast)
The Briefing: The Stanley Cup Clash - A Trademark Battle
Recognizing and Avoiding Trademark Scams and Hoaxes
Why Did the World Wrestling Federation Become WWE? — No Infringement Intended Podcast
(Podcast) The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown
The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown
(Podcast) The Briefing: Bad Spirits – How a Dog Toy Changed TV Title Clearance
Ninth Circuit affirms dismissal of Lanham Act claims regarding use of drag queen Vicky Vox’s image and likeness in animated Netflix show and teaser trailer, holding, under Rogers test, that use was artistically relevant to...more
Kilpatrick partner Ted Davis spoke recently at the New York State Bar Association IP Section Annual Meeting on recent developments in United States trademark and unfair competition law. The following are highlights from...more
The US Court of Appeals for the Eleventh Circuit weighed trademark rights against free speech considerations and found that the First Amendment protected use of an artistic work that was not deliberately misleading. MGFB...more
Sometimes, the best place to determine whether a work qualifies as art is in a courtroom. In a recent decision, Judge John H. Chun of the District Court for the Western District of Washington found that a driving simulator...more
On January 14, 2022, Hermès International and Hermès of Paris, Inc. (“Hermès”) sued digital artist Mason Rothschild in the Southern District of New York for creating and selling “MetaBirkins,” a collection of NFTs tied to...more
Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis...more
It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more
[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more
One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more