Intellectual Property

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...
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Can’t We All Just Get Along? Artist Name Dispute Is Bad PR for the Band Formerly Known as Lady Antebellum

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...
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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...
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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...
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YouTube Has Your Back

Safe Harbors Save YouTube Recently, a YouTuber – Chris Brady (not related to the Bunch) – allegedly used his YouTube page and the protections of the Digital Millennium Copyright Act (DMCA) to extort money out of fellow subscribers. YouTube found...
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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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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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