Foreign Trademark Applicants – Breaking Down Section 44: How Foreign Trademark Applicants Can Obtain U.S. Trademark Protection Section 44 of the U.S. Trademark Act, also known as the Lanham Act, provides an important and convenient avenue for foreign trademark owners to apply for trademark registration in the United States. Foreign trademark applicants have two options...Read More

Introduction: The Future of Derivative Works and Copyright Law Under Warhol v. Goldsmith Transformative Use and Infringing Derivatives Derivative Works – On October 12, 2022, the United States Supreme Court heard oral arguments in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that has the potential to drastically alter the landscape of...Read More

Gruyere cheese, But Not Gruyere cheese – Can U.S. dairy retailers label cheese as “Gruyere” even if it is not produced in the Gruyère region of Switzerland and France? According to a recent decision from a Virginia federal court, the answer is yes — at least for now. The Virginia Court upheld an administrative decision...Read More

The Billion-Dollar Industry of College Sports & NIL: Name Image Likeness Name Image Likeness (NIL) – Taking Unfair Advantage of Student Athletes. College sports is a billion-dollar game. In fact, the U.S. Department of Education estimates that college sports generate more than $14 billion dollars of revenue each year from ticket sales, TV deals, and...Read More

Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations...Read More

Landscape Design Copyright Protection – Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor living amenities are often widely shared on social media sites like Instagram, Pinterest, and Facebook, and publicized in magazines and advertising circulars. Thus, landscape designers should...Read More

Infringement in the Reposting: Copyright Lawsuits from Reposted Social Media Content What’s in this article… Ask For PermissionGive Credit To The Copyright OwnerUse A Repost AppFair Use Social media sites like Facebook, Instagram, TikTok, or Pinterest present a variety of complicated (and sometimes frustrating) copyright issues for users.  Social media content often involves copyrighted music,...Read More

The Accidental Franchise: Trademark Licensing and the Dangers of Overreach What’s in this article… When Might A Franchise Be Formed?What’s The Difference?Why Does The Franchise Vs. License Distinction Matter?How Is A Franchise Created?How Can A Franchise Be Avoided? The word “franchise” likely brings to mind big brands like McDonald’s, Dunkin’, 7-Eleven, or Taco Bell, among...Read More

A Rose By Any Other Name … But Likely Not a Trademark What’s in this article… Can You Trademark A Plant?Real World Trademark Cases Involving How Can You Proctect Your Plant IP Trademarks have helped create value for all sorts of products. However, may a living thing such as a plant variety that you have...Read More

SCOTUS Ruling In USPTO v. Booking.com Opens The Door For Generic Domain Owners To Register Their Trademark The U.S. Patent and Trademark Office (USPTO) has believed that “generic.com” domain names were almost always generic and therefore not registrable under trademark law. However, the Supreme Court’s nearly unanimous decision in USPTO v. Booking.com (2020) 591 U.S....Read More