Seattle Trademark History Tour, Part 6: Old German Lager Won’t Give You a Headache

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 5: The Store Where Your Credit Is Good

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 4: The Old Rainier Brewery

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 3: The Feuding Fremont Undertakers

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Whois, We Hardly Knew Ye: GDPR Spells Doom For Domain Name Ownership Transparency

By now, our readers are likely familiar with the General Data Protection Regulation (“GDPR”), the sweeping, European Union-wide legal and regulatory regime that provides enhanced protections for personal data.  The GDPR, which goes in effect on May 25, 2018, is expected to reshape the digital data landscape in the EU and beyond.  My colleague Catherine Muyl (from our Paris office) provided a helpful GDPR overview back in January,… More

Seattle Trademark History Tour, Part 2: The Man Who Fed the Klondike

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Seattle Trademark History Tour, Part 1: The “Gargeline” Shootout at Pioneer Square

This year, the great city of Seattle, Washington is the location of both the International Trademark Association Annual Meeting (May 19-23) and the American Intellectual Property Law Association Spring Meeting (May 15-17). If you are one of the many lawyers attending these events and you want a Seattle trademark experience, you could do the obvious and visit locations associated with the city’s famous modern brands.… More

Star Athletica and the Expansion of Useful Article Protection: Copyright Office Permits Registration of Automotive Floor Liner

The Supreme Court’s decision in Star Athletica v. Varsity Brands established a new and simplified test for determining whether useful articles can obtain copyright protection. Many have wondered, in the year since it was decided, about the practical effect of the ruling. Are there really that many items that would not have merited protection before Star Athletica, but that will get it now? … More

Watch: Copyright Basics for the Generalist In-House Counsel

What does the generalist in-house counsel need to know about copyright? While patents and trademarks often receive the lion’s share of an organization’s intellectual property focus, copyrights comprise a critical third prong to a healthy overarching IP strategy – even for companies whose products and services involve little or no content creation.

David KluftJoshua Jarvis, Jenevieve MaerkerMarion Cavalier and Nicole Kinsley presented a webinar offering guidance for in-house counsel regarding copyright law,… More

The Black Hole of Misappropriation: Astronaut’s Right of Publicity and Trademark Claims Survive Summary Judgment

Is astronaut David Scott more like fellow astronaut Buzz Aldrin or NASA pilot Chuck Yeager? Scott was the Commander of the Apollo 15 mission and the seventh person to walk on the moon, so the obvious answer is Aldrin. However, when it comes to the right of publicity, Scott has much more in common with Yeager, at least according to Judge Nathanael Cousins of the Northern District of California in Scott v.… More

Political Fair Use Argument Fails to Rescue Republicans from Copyright Claim

It’s been a while since we felt compelled to revisit the topic of political fair use, that is, the extent to which the use of copyrighted works in political campaigns qualifies as a fair use pursuant to 17 U.S.C. § 107.  Back in 2014, we discussed the Northern District of California’s holding that the use of a candidate’s photograph by her political enemies was fair use.… More

Oracle v. Google, Copyright & Fair Use: One of “Billions” of Summaries

Earlier this week, the Federal Circuit Court of Appeals released its blockbuster decision in Oracle America, Inc. v. Google LLC, which held that Google’s unauthorized use of certain aspects of Oracle’s Java software was not fair use. In the past few days and in the coming weeks, nearly every lawyer who has ever had occasion to turn to Title 17 is going be writing,… More

Port in Porto, Portugal: Wine And Geographical Indications At PTMG

I am in Porto, Portugal for the spring conference of the Pharmaceutical Trade Marks Group, and I have enjoyed learning a bit about port wine – and the associated geographical indication – while I am here.  Port, of course, is a sweet, heavy wine popular as an after-dinner drink, though it comes in various varieties, including a white version handy for mixing cocktails.  The essential quality of port arises from the process by which it is made,… More

“Party and Bull****” Copyright Plaintiff Serves Up Fair Use Defense With Political Critique

Here’s a tip for copyright owners.  Your infringement complaint is not a good place to make political distinctions between the purpose of your work and that of the defendant’s. See that buzz saw you are walking into? It’s called “fair use.”

That’s what happened to Abiodun Oyewole, founding member of The Last Poets (considered by some to be the first American hip-hop group).… More

Owner of Foreign Copyrights Must Plead Registration Exemption

What exactly is the definition of a “United States work” for copyright registration purposes? And why is a certain Albanian television company unlikely to forget that definition any time soon?

As we’ve previously discussed, plaintiffs must register their work with the Copyright Office before filing suit in a U.S. court. Section 411(a) of the Copyright Act, 17 U.S.C. § 411(a),… More