Worries About the Propertization of Color
Trademarks come in a variety of forms. Indeed, trademark protection is not restricted to verbal marks like “Coca-Cola” and “Apple” but extends to an array of non-verbal source identifiers. Among…
How an Art Collective’s Gimmicks Could Clarify the Boundary Between First Amendment Rights and Trademark Protections
Despite the two lawsuits recently brought against MSCHF, the brand isn’t too worried about being sued. The art collective aptly pronounced “Mischief” approaches lawsuits as it does everything, from its…
Can “Mere Ornamentation” Blow Up Product Configuration?
In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. Conceived to decide whether…
Fashion in the Metaverse
The announcement of Facebook’s plans to rebrand to Meta and launch its metaverse has come with many questions about the use of trademarked fashion in this new virtual world. The…
Metaverse: Fashion Trademark Battles to Watch
While society cannot yet live on different planets, we continue to create parallel [virtual] realities. The most recent of them is the metaverse, and similar to what has happened to…
Short Musings on Tensions between Trademark Law and the Luxury Fashion Market
Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across…
Influencing IP: How The Right Of Publicity Should Adapt to the Influencer Age
So, a lot of you have been asking … is the right of publicity in its current state working? While the right of publicity has long been used by singers,…
Sorry, Bron. “Taco Tuesday” Not Yours to Trademark.
I’ve got to be honest. When I first heard that Los Angeles Laker LeBron James was trying to trademark the term “Taco Tuesday,” I had to roll my eyes a…
Activision/Humvee Trademark Suit
What is a war video game without a realistic war environment? That is the question that Activision has asked in its successful defense against a trademark enforcement claim from AM…
Click This Link To Link to Begin Your Adventure
Kevin Qiao is a J.D. Candidate, 2021 at the NYU School of Law. On December 28, 2018, Netflix released Black Mirror: Bandersnatch, a relatively unique interactive film that gave viewers…