Monthly Archives: April 2018

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