Trademark Litigation in the Shadow of B&B Hardware
In 2015, the Supreme Court decided a trademark dispute, B&B Hardware, Inc. v. Hargis, Indus. However, in the light of more public trademark cases, such as the Washington Redskins trademark…
Still Better to be an Inventor than an Author – Comparing Copyright and Patent for Software Algorithms
With the 2014 decision in Alice, SCOTUS reiterated the two-step Mayo framework applied to method and software patents. A patent application is deemed unpatentable under 35 U.S.C. §101 if (1)…
Courts Split Over Fourth Circuit’s New False Advertising Standard
This blog post discusses the impact of the Fourth Circuit’s ruling regarding “literally false” advertising claims. The case is In re GNC Corp., 789 F.3d 505 (2015). An earlier blog…
Welcoming the Marrakesh Treaty into a Consequentialist Framework
Curing the Book Famine The Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities is widely lauded as a miracle. The…
From the Mailroom to the Courtroom: Glatt v. Fox Searchlight Pictures and its Effects on Entertainment Industry Internships
Unquestionably, the entertainment industry has engendered an almost-mythical culture surrounding unpaid internships. Though highly romanticized, the journey from unpaid intern to Hollywood executive is well-known and has spawned some of…
Copyright Protection Of Designs Incorporated In Apparels And Uncertainty In The Law?
Case Analysis: Varsity Brands, Inc. V. Star Athletica, LLC Facts Varsity Brands Inc., a manufacturer of cheerleading uniforms, brought an action against Star Athletica, LLC, alleging infringement of its copyrighted…
Native Advertising: The Blurred Lines between Sponsored and Non-Sponsored Content and the FTC’s Response
In the modern age of social media, companies have increasingly begun to turn to native advertising to promote their products and services. Native advertising is a form of marketing in…
Is There a Licensing Market for Tattoos?
Take-Two Interactive Software, publisher of the popular video game series NBA 2K, scored a victory this past summer when it successfully dismissed a claim for statutory damages by Solid…
Final and Unappealable: Federal Circuit Will Not Review PTAB IPR Decisions
What is inter partes review? Inter partes review (IPR) is a new procedure under the America Invents Act (AIA) for challenging the validity of one or more claims of a…
Trademark Law and the Brilliance of “Dumb Starbucks”
A typical comedian would not devote an episode of his TV show to issues of trademark law, but Nathan Fielder is not a typical comedian. Most people in the U.S.…