Is graffiti protectable under the Copyright Act? In principle, yes because it is a graphic art. But graffiti tends to appear on buildings that are visible from a public place, and photographs of such buildings are exempt from copyright infringement suits. So what happens if continue reading...
Back in February, we covered the trademark dispute between the U.S. Army and the Las Vegas Golden Knights professional ice hockey team. As we predicted, the Army and the Golden Knights have now settled that matter by executing a co-existence agreement allowing both parties to continue continue reading...
Many IP owners wonder what they need to do to ensure the continued protection of their EU trade marks and Community Registered Designs after Brexit. Some attorneys, since the referendum, encouraged clients to file in the UK to secure those rights. This would have been continue reading...
Hi, Readers! It’s theTMCA.com here, checking in to see how we’re doing. See, we try hard to make our posts on trademarks, copyrights, and advertising law entertaining and informative for you. We know that there are a million places for you to get your legal continue reading...
Earlier this month Brett Kavanaugh was nominated to be the next United States Supreme Court justice. If confirmed, he will replace the retiring Justice Anthony Kennedy. Politics aside, Kavanaugh has lodged a lengthy stint as judge on the U.S. Court of Appeals for the D.C. continue reading...
On June 28, 2018, the California Legislature unanimously passed, and the Governor immediately signed, a sweeping expansion of data privacy protections for residents of California. Assembly Bill No. 375, entitled the “California Consumer Privacy Act of 2018” (the “CCPA”) goes far beyond current U.S. privacy continue reading...
TheTMCA.com blog has had a busy first half of 2018 with a total of 62 posts so far this year. Thank you to our loyal readership, which keeps growing. In case you missed them, here are our top 8 posts of 2018 so far, with continue reading...
A new means for fighting back against copycats in the fashion industry is on the rise: online call-outs. Brands can take their grievances directly to the public on social media to draw attention to design imitations (and in the process educate consumers about authenticity). Posts continue reading...
A recent NAD decision about salad spinners illustrates several principles generally applicable to product testing used to substantiate superiority claims: (1) the test conditions need to be relevant to how the product performs in a typical consumer context; (2) the test results must be statistically continue reading...
There is a little-known, even lesser-enforced, section of the United States Code that actually prohibits the printing of the American flag on paper napkins and other disposable products like paper plates, cups and boxes. The United States Flag Code, as it is known, also expressly continue reading...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Sandra EdelmanSandy's practice focuses on trademarks and unfair competit...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...