Year / 2016
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Court Blunts Cannabis-Related Trademark Registrations
The explosion of the cannabis industry nationwide has led to an increase in marijuana-related trademark registration attempts, many of which have been met with stone(d) silence and refusal by the Trademark Trial…
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Court: One Sale Is Enough to Show Trademark Use in Commerce
Clients seeking trademark registrations often ask how much use of a mark in interstate commerce is needed for success. Earlier this month the Federal Circuit answered that question when it reversed a…
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New CA Law Addresses What Happens to Digital Assets Upon Death
Although estate planning and issues related to inheritance are generally outside the wheelhouse of this blog, a new California statute is worth noting here because of its intersection with internet law. Known…
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#ThinkBeforeYouTweet: Skittles Photo Lands Trump Campaign in Hot Water
Many internet and social media users seem to have a preconceived notion that content appearing on websites, in blogs, or in posts is free and available for unfettered use. Nothing could be…
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Greatest Snow on Earth Heats Up in Park City Trademark Controversy
Utah touts itself as having the “greatest snow on Earth,” and what’s left of that snow got hot this summer as a menagerie of Park City local businesses, individuals (including my inlaws…
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Privacy and Law Enforcement Tensions on Display in Data Access Ruling
A recent ruling by the Court of Appeals for the 2nd Circuit shut down for the time being efforts to force tech companies to turn over users’ personal data. Coupled with news…
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Copyright “Teeth” Neither Sharpened Nor Dulled by SCOTUS Fee Decision
In a post from February I pointed out that the “teeth” of copyright law as represented by attorney’s fees awards were going to get attention this year in Kirtsaeng II. On June…
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Copyright Coda: Zeppelin Beats Infringement Suit
A California jury decided quickly and unanimously that Led Zeppelin’s “Stairway to Heaven” was not substantially similar to Spirit’s “Taurus” as the estate of the band’s guitarist claimed in its copyright infringement…
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Court: Mastering Meets Originality Standard Under Copyright Law
The question of whether the sound recording mastering process, and thus the fruits of mastering engineers’ labors, can meet the originality standard under copyright law was decided in a case reported on…
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What Small Business Owners Need to Know About the New Trade Secret Law
On May 11, 2016 President Obama signed into law the Defend Trade Secrets Act (“DTSA”), ushering in a new era in trade secret protection. The DTSA, which can be found in federal…
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Copyright Infringement Defendant: Remasters Entitled to New Copyright
A record company suing CBS for infringing its pre-1972 sound recordings was hit with a novel and thought-provoking defense theory that could substantially limit the reach of its copyright if accepted. In…
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No Quarter: Judge Sends Zeppelin Copyright Infringement Suit to Trial
Jimmy Page, John Paul Jones, and Robert Plant, the surviving members of Led Zeppelin, lost the main arguments of their summary judgment motion in the latest saga of the copyright infringement suit…
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Three Reasons Why Start-Ups Form Their Companies in Delaware
When someone says “start-up,” we usually visualize Silicon Valley, San Francisco’s South of Market district, or other locales like Austin, TX. But those in the know focus on the tiny state of…
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Court Ices Writer’s Copyright Infringement Case vs. Disney’s “Frozen”
An author of children’s books was dealt a fatal blow in her copyright infringement suit over the movie “Frozen” when a district court in California granted Disney’s motion to dismiss. Muneefa Abdullah, author of…
