The New York Times recently reported that Wendy’s is expanding to the Australian market but faces a significant dilemma: a fast-food chain by the same name is already there. It is not the first convenience food restaurant to face this dilemma. » Read More

Can a whiskey maker stop production of a copycat pet toy marketing itself as dog poo?

What are the First Amendment rights attaching to a parodic use of trade dress? And to what extent does the law allow the owner of a famous trade dress to stop production of a non-competing product that copies that trade dress (that is, the design and labels on a product package)? » Read More

For a long time, courts were divided over the importance of securing copyright registration prior to bringing an action claiming that a party infringed (that is, trespassed upon) the owner’s copyright in a creative work (film, tv program, literary work, art, etc.).  » Read More

Like many online marketplaces, Amazon is challenged by the prevalence of counterfeit and so-called “grey market goods” (products that are genuine but not intended for sale in the U.S.). Amazon recently joined with General Electric to combat the plethora of counterfeit GE water filters. » Read More

“It seems our diamond requires a closer inspection,” famously says the fictional character Lady Whistledown of Regency-era London’s most beautiful debutante in Bridgerton (Season One). Bridgerton, for the uninitiated, is the Netflix hit series based on historical romance novels by Julia Quinn. » Read More

The U.S. Patent and Trademark Office (“USPTO”) recently published a notice of proposed rulemaking for public comment setting forth a new administrative process to investigate and sanction those who fraudulently file trademark applications or maintain registrations. Such suspicious filings include applications made by foreign parties (Chinese applicants included among them) with no intention of using a claimed mark in commerce, or include fabricated evidence of use for new applications or submissions to maintain or renew registrations. » Read More

Ohio State University (“Ohio State”), the famed university in Columbus, Ohio, has registered a trademark for the word “THE.” You might be surprised to hear this, since the word “THE” seems quite generic. You would be correct! However, this is a prime example of how a common word like “THE” can become a trademark. » 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 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

Chain of title in intangible rights? Yes, you heard it here first. Chain of title is just as applicable to trademarks and copyrights as to real property (such as a home or plot of land). Accordingly, buyers and sellers, as well as licensors and licensees, of the rights encompassed by trademarks or copyrights must ensure the chain of title establishes they are dealing with the “right” party. This » Read More