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A U.S. Trademark Application Requires a U.S. Attorney

What’s New? As of August 3rd, 2019 all foreign-domiciled trademark applicants, registrants and parties to Trademark Trial and Appeal Board proceedings - yes Canada this includes you with limited exceptions - will be required to be represented by an attorney...
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What the Fuct?

Ending a nearly two year debate the Supreme Court, in Iancu v. Brunetti No. 18-302 (U.S. June 24, 2019), finally reached a decision on whether the Lanham Act provision ban on the registration of “immoral or scandalous” trademarks is constitutional…the answer is...
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Moral Rights… WHAT ARE THOSE?

Originating from the French term droit moral, moral rights refer to the personal rights of an author of any creative work related to the association between the author and the work itself.  Moral rights go beyond the monetary and economic...
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Federal Trademark Protection for Hemp Derived Cannabis Products Now a Possibility

2018 Farm Bill and its Impact on Trademark Law Although marijuana has become legal in many states, either medical and/or recreational, it is still illegal under federal law. According to case law and the rules of the United States Patent...
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Supreme Court Comes to a Major Copyright Law Decision

When Does Copyright Registration Occur? In a unanimous Supreme Court decision, copyright owners seeking protection must now wait for the Copyright Office to act on an application for registration before they can pursue infringement claims in court. Based on the...
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Can Celebrities Be Sued for Re-Posting Images of Themselves Found on Social Media?

Celebrities are used to having their photographs taken. And paparazzi are used to taking celebrity photographs. There’s always been a push and pull between the celebrity and the paparazzi. Some of their issues, such as privacy rights, stalking, and harassment...
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Dance Moves May Be Protected – But Fortnite Doesn’t Agree

Hold the Victory Dance: Rapper Sues Fortnite Makers Over Claims Game “Swiped” His Moves, Fortnite Moves to Dismiss Epic Games, the company that makes the smash hit video game “Fortnite Battle Royal,” finds itself involved in a battle outside of...
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Out With a Bang: December IP News

ENDING THE YEAR ON A HIGH NOTE… AND A LOW ONE There’s some great news as we end 2018: filmmakers are suddenly free to use a lot more preexisting material in their own work. And there’s some bad news too....
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What’s Happening In The Intellectual Property World?

One thing that always keeps us interested in intellectual property is its huge role in everyday life. People of all ages are exposed to a staggering amount of material each day that is protected (or protectable) by copyright, trademark, and...
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Led Zeppelin Is Going To California – And Back To Court

There’s a lady who’s sure all that glitters is gold… The question is, who gets the gold? She’s Climbing the Stairway to the Courthouse (Again) The music industry breathed a big sigh of relief two years ago when Led Zeppelin...
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