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2-4-6-8! SCOTUS Finds Copyright In Cheerleading Uniform Designs
The Supreme Court recently weighed in on one of the more esoteric areas of copyright law in the Star Athletica v. Varsity Brands case. At issue was whether designs on cheerleading uniforms…
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New CA Cannabis Trademark Registrations Could Give Lawmakers Headaches
A bill was recently introduced in the California legislature that among other things would create classifications of trademark registrations for cannabis goods and services, but these additions may cause problems for legislators…
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Hollywood Age Discrimination Law on the Ropes After Recent Decision
A recent decision by a federal court in California has called into question the constitutionality of a state law aimed at preventing age discrimination in the entertainment industry. In IMDb.com, Inc. v.…
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More Stringent Trademark Registration Maintenance Rules Coming Soon
Starting on February 17, 2017 (that’s this Friday folks) USPTO trademark examiners will have the ability to request additional evidence of continued use of registered trademarks when maintenance filings cross their desks.…
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New “MyUSPTO” Portal Gives Trademark Registration a Boost
I was pleasantly surprised when I recently went to the USPTO website and found a new portal called “MyUSPTO.” The portal allows a user to create an account and then store payment…
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Four Legal Issues Facing Small Business Websites in 2017
As the new year unfolds, small business owners face four legal issues that could affect their websites and ultimately their bottom line in 2017. Here is a list of the biggest problems…
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New Copyright Regulation May Impact Small Business Owners
Small business owners who allow postings of user-generated content to their websites need to take immediate steps to preserve their safe harbor protection under the Digital Millennium Copyright Act (“DMCA”) in light…
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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…
