As part of the December 2020 COVID-19 relief bill/appropriations act, Congress made significant changes to the law governing trademarks. The new provisions are scheduled to go into effect by December 27, 2021, so the United States Patent and Trademark Office is rushing to implement all the changes. The Lomnitzer Law team...
Taming The Wild West Of NFTs And Other New Tech With Tried And True Legal Tactics
Frederic Remington made a name for himself in the art world by capturing the spirit of the wild west in his sculptures and paintings. Even if you aren’t familiar with his name, you have probably seen a copy of one of his works hanging on a steakhouse wall here in South Florida.
Can I Patent That?
Article I, Section 8, Clause 8, of the United States Constitution gives Congress the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
This single sentence helped make America the...
Is The Rose Bowl Still The Rose Bowl If It Is Not Held In The Rose Bowl?
Before the pandemic hit, could anyone imagine the Rose Bowl being hosted anywhere other than Pasadena? Trademark litigation between the city and the Tournament of Roses Association suggests the people and organizations responsible for the long-standing New Year’s Day tradition never imagined they would actually be in such a position.
New Administration and New Law for the USPTO
The Greek philosopher Heraclitus noted, “The only constant in life is change.” Right now, this could be the United States Patent and Trademark Office (USPTO) motto. In addition to getting new leaders, the USPTO has been tasked by Congress with updating some of its core functions.
What New Leadership...Can’t We All Just Get Along? Artist Name Dispute Is Bad PR for the Band Formerly Known as Lady Antebellum. Co-Existence is Likely Outcome.
In an attempt to lend support to the Black Lives Matter movement, the well known country artists formerly known as Lady Antebellum announced in June 2020 that they would be changing their name to Lady A. In the process, they have stepped further into controversy as the Lady A name has been used as...
Continue reading…
Florida Student Athletes Will Now Get More Than Nil for NIL (Name, Image, Likeness)
Florida Gov. Ron DeSantis has one-upped the left coast by signing a bill into law that clears the way for student athletes at Florida colleges and universities (public and private) to earn money from endorsement deals and to be paid for the use of their name,...
Continue reading…
Celebrities Continue to Face Paparazzi Lawsuits for Using Photos of Themselves
Celebrities Can’t Simply Re-Post Photos of Themselves
Sounds crazy, but there is yet another lawsuit on the docket because a celebrity posted a picture of…HERSELF…on social media! Mandy Moore is the latest celebrity to face the wrath of an angered paparazzi; however, this paparazzi has federal copyright protection on his side. For the past few...
Continue reading…
Visual Artists Rights Act of 1990 (VARA)
Graffiti Earns Millions
A staple of the New York City Skyline – well, maybe just an old warehouse building in Long Island City is torn down. Why does that matter – well the building featured graffiti art from hundreds of artists from all over the world representing over twenty years of artistic expression! All this...
Continue reading…
Drake Plays Fair (Use)
Although the music industry is always evolving with new music being created, many artists will look back to music of the past and incorporate it in their new works. Many artists, particularly in hip-hop and electronic often use pieces of music from older songs to reinvent them in their new songs. Whether this is...
Continue reading…
