Monthly Archives: September 2018

European Union Copyright Directive’s Back on the Radar

We previously commented in early July on the proposed European Union (“EU”) Copyright Directive. At that time, the proposed Directive had just endured a setback before the Parliament, which decided to revise it.

After the summer break, on September 12, 2018, the EU Parliament finally adopted its “revised negotiating position.” The Parliament announced in its press release that it had added to the text “safeguards to protect small firms and freedom of expression”.… More

Just in Time for IPO’s Annual Meeting in Chicago: The Official Top Ten CHICAGO Trademark Filings

In anticipation of our visit to Chicago next week for the Intellectual Property Owners Association’s Annual Meeting, we took a tour through the USPTO’s trademark database in search of Chicago-themed trademarks. Among marks consisting of the word CHICAGO and no other words, we found quite a few gems, including some whose histories illustrate interesting trademark issues. Unsurprisingly, many of these marks have faced resistance on the basis that they lack distinctiveness because they merely describe the geographic origin of the goods or services they seek to identify,… More

Copyright Office Finds “Ballooned Droplet” is Really Just a Fat Apostrophe

In theory, a corporate logo should stand just as good a chance at being eligible for copyright registration and protection as any other kind of visual art. Section 913.1 of the Compendium of U.S. Copyright Office Practices expressly provides that a logo may be registered if it satisfies “the requisite qualifications for copyright,” that is, if it “embodies some creative authorship in its delineation and form.”

But in practice,… More

National Geographic “Iceberg” Photo Stirs A Copyright Controversy, But No Lawsuit As Of Yet

The National Geographic Society is an interesting organization.  Since 1888, it has published the iconic magazine National Geographic, recognizable to many by the trademark yellow border on the cover page.  And yes, that border is literally a registered trademark.

Like any other magazine publisher, “Nat Geo” (as they like to call themselves these days) encounters a wide range of IP issues. … More

Everybody Dance Now! Actually, Don’t … That Choreography May Be Copyrighted

‘Tis the season of summer stock, music festivals, and outdoor performances. For my own part, I took in Jacob’s Pillow in the Berkshires, one of the country’s preeminent dance festivals. While an amazing piece of dance can make everyone want to join in, there are some dances no one should mimic without authorization, at least not as part of a commercial “public performance,” as that term is defined by 17 U.S.C.… More