What do Coca-Cola’s secret formula, McDonalds’ special sauce, and Google’s search algorithm have in common? Each is a protected trade secret. In other words, they are proprietary information vital to these companies’ survival and are among their most valuable corporate secrets. » Read More
The ongoing rivalry between Adidas and Nike hit a new milestone this week when Adidas filed its first federal lawsuit against Nike. The lawsuit was filed in East Texas federal court with Adidas alleging Nike infringed on nine of its patents related to smartphone apps and adjustable shoe tech. » Read More
Delta-8 THC
The United States Court of Appeals for the Ninth Circuit recently shed light on the legal status of the hemp-derived cannabinoid known as delta-8 tetrahydrocannabinol (“delta-8 THC”) and its implications for cannabis brand owners. Delta-8 THC is a psychoactive compound typically manufactured from hemp-derived cannabidiol. » Read More
As we all know, social media has taken the world by storm. Unsurprisingly, it’s had an impact on trademark and copyright law, as the related right of publicity. A recent case involving an actor’s voice being used on the popular app TikTok is emblematic of the time. » Read More
The recent collapse in NFT sales may have cooled general interest in the digital assets, but the legal questions they raise remain very much alive and relevant to rightsowners and creatives alike. We reported previously about Hermés’ complaint against the creator of MetaBirkin NFTs, and the Court’s decision this week denying the creator’s motion to dismiss that complaint goes to the ever-relevant question of boundary between art and commerce. » Read More
The Supreme Court’s imminent decision in the Warhol matter will determine whether a series of Andy Warhol prints created from a Lynn Smith photograph of music legend Prince infringes Smith’s copyright. The Court will either provide valuable guidance, or further confuse the analysis, of fair use under the Copyright Act. » Read More
Trademark rights fall into two categories – common law and federally registered trademark rights. Even though you may not have consciously made this distinction, it is likely you have seen different trademark designations in the marketplace: ™ or ℠ and ®. » Read More
Brooklyn art collective MSCHF is up to their usual mischief. After the furor over their Satan Shoes and the resulting suit and settlement with Nike, MSCHF launched a separate sneaker website, app, and line of “drops” separate from their other projects like the “Cease & Desist Grand Prix” from earlier this year. Their » Read More
The Trademark Trial and Appeal Board (“Board”) recently considered an application by Ali Ansari, who sought to register the mark TEXAS TWO STEP for distilled spirits. The application was opposed by the Texas State Lottery Commission, which asserted a likelihood of confusion and likelihood of dilution by tarnishment with its registered marks TEXAS TWO STEP and TEXAS TWO STEP TEXAS LOTTERY and design for lottery services. » Read More
While trademark protection can extend to sounds and smells (e.g., U.S. Reg. No. 5,467,089 for the scent of Play-Doh), a trademark is typically a word or design, or a combination thereof, used to identify products and services and further utilized to distinguish those goods and services from those of competitors. » Read More
