IP & Media Law Updates

May 31, 2020

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Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder

Plaintiff Lanard makes a chalk holder designed to look like a pencil. The court's opinion is silent on the burning question of why anyone...

Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder

Brian Murphy

May 30, 2020

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Nothing "Fishy" About Use of Children's Song "Fish Sticks n' Tater Tots" in Documentary about Burlesque Dancers, Court Rules

Fish Sticks n' Tater Tots. A typical school lunch during Lent in a Catholic grammar school. Also the title of a children's song written...

Nothing "Fishy" About Use of Children's Song "Fish Sticks n' Tater Tots" in Documentary about Burlesque Dancers, Court Rules

John B. Harris

May 30, 2020

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Despite Government's Unusually Quick Apology, Journalists' Arrests at Minneapolis Riots Underscore Perils of Covering Civil Disturbances

Yesterday's arrest of a CNN news crew covering the riots in downtown Minneapolis presents a stark reminder to journalists everywhere of...

Despite Government's Unusually Quick Apology, Journalists' Arrests at Minneapolis Riots Underscore Perils of Covering Civil Disturbances

Karen Hsieh

May 29, 2020

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USPTO Grants Further COVID-19-Related Relief

As reported in our previous posts, the United States Patent and Trademark Office, in response to the COVID-19 outbreak, provided relief...

USPTO Grants Further COVID-19-Related Relief

Brian Murphy

May 27, 2020

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The Inverse Ratio Rule May Be on Its "Last Legs" in the Sixth Circuit

In March (see this post), the Ninth Circuit (sitting en banc) held that the Inverse Ratio Rule should no longer be employed in copyright...

The Inverse Ratio Rule May Be on Its "Last Legs" in the Sixth Circuit

Christina Campbell

May 19, 2020

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SCOTUS Rules in Favor of Lucky Brand in 20-Year Long Trademark Dispute

The Supreme Court unanimously ruled on May 14, 2020 that Lucky Brand Dungarees, Inc. was not precluded from raising a certain defense in...

Brian Murphy

May 16, 2020

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Think Tank's Posting of Substantially Cropped Photo of Heartthrob Governor Constitutes Fair Use

A think tank fellow publishes an opinion piece in The New York Post that includes a fetching photo of New York Governor Andrew...

Think Tank's Posting of Substantially Cropped Photo of Heartthrob Governor Constitutes Fair Use

Catherine Farrelly

May 12, 2020

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The USPTO’s COVID-19 Extensions of Time: What Trademark Attorneys and Brand Owners Need to Know

As we previously reported, the United States Patent and Trademark Office has responded to the COVID-19 pandemic by allowing trademark...

Vish Mohan

May 11, 2020

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Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee*

Episode 1: Revving the Engine.

The show begins with a close-up shot of a person starting a car, quickly highlighting the engine’s...

Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee*

Vish Mohan

May 7, 2020

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“I’M [NOT] YOURS”

Grammy Award-winning singer-songwriter Jason Mraz (“Mraz”) and the beer brewing...

Frankfurt Kurnit Klein & Selz

May 7, 2020

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No More Monkeying Around - Donkey Kong High Score Record Holder Sues Video Game Leaderboard For Defamation

Famed video game score-chaser Billy Mitchell has struck back against arcade leaderboard Twin Galaxies' determination that at least two of...

No More Monkeying Around - Donkey Kong High Score Record Holder Sues Video Game Leaderboard For Defamation

Frankfurt Kurnit Klein & Selz

May 2, 2020

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Gambling Games by Another Name? District Court Offers Clarity On Line Between Social Gaming and Gambling.

The United States District Court for the Western District of Washington recently weighed in on the line between permissible unregulated...

Gambling Games by Another Name? District Court Offers Clarity On Line Between Social Gaming and Gambling.

Frankfurt Kurnit Klein & Selz

May 1, 2020

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Brooklyn Collective Buys Damien Hirst "Spot" Work, and Then Cuts Out and Sells the 88 Spots at a Profit!

What happens when someone buys a work from a famous artist, cuts it up and then sells the constituent parts (as well as what remains of...

Frankfurt Kurnit Klein & Selz

Contributors

IP & Media Law Updates Archive

Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder

Nothing "Fishy" About Use of Children's Song "Fish Sticks n' Tater Tots" in Documentary about Burlesque Dancers, Court Rules

Despite Government's Unusually Quick Apology, Journalists' Arrests at Minneapolis Riots Underscore Perils of Covering Civil Disturbances

USPTO Grants Further COVID-19-Related Relief

The Inverse Ratio Rule May Be on Its "Last Legs" in the Sixth Circuit

SCOTUS Rules in Favor of Lucky Brand in 20-Year Long Trademark Dispute

Think Tank's Posting of Substantially Cropped Photo of Heartthrob Governor Constitutes Fair Use

The USPTO’s COVID-19 Extensions of Time: What Trademark Attorneys and Brand Owners Need to Know

Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee*

“I’M [NOT] YOURS”

No More Monkeying Around - Donkey Kong High Score Record Holder Sues Video Game Leaderboard For Defamation

Gambling Games by Another Name? District Court Offers Clarity On Line Between Social Gaming and Gambling.

Brooklyn Collective Buys Damien Hirst "Spot" Work, and Then Cuts Out and Sells the 88 Spots at a Profit!