Category / Legal Blog Posts
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Court: Dismissal of Monkey Selfie Copyright Infringement Case Affirmed
Naruto, the Indonesian macaque monkey turned world-famous photographer, will not have another day in court after the 9th Circuit Court of Appeals upheld the dismissal of a copyright infringement case brought on his…
May 14, 2018 -
Trademark Registration for a Series of Creative Works
Clients who are content creators often ask if there is a way to protect the titles of their works. If copyright protection is sought, then the answer is “no,” because short phrases…
April 30, 2018 -
Police Up, Privacy Down After Microsoft SCOTUS Oral Arguments
A case reported on here back in 2016 has finally made its way to the U.S. Supreme Court, where a decision is likely to determine the scope of privacy rights enjoyed by…
March 1, 2018 -
No “Magic Words” Necessary to Transfer a Copyright, Says Court
The 9th Circuit Court of Appeals recently ruled in favor of a software company hit with a copyright infringement suit filed by its founder over the company’s continued use of software integral…
January 26, 2018 -
Not So Shockingly, Trademark Immoral and Scandalous Clause Struck Down
The court in a recent case, In Re: Erik Brunetti, put another nail in the coffin of the Lanham Act’s Section 2(a), finding that the “immoral” and “scandalous” clause of the statute is unconstitutional…
January 17, 2018 -
Recent Cease & Desist Letters Not Tone-Deaf Like Many Predecessors
As far as cease and desist letters go, I religiously counsel my clients, whether they are looking to enforce their rights, or defend against another party’s assertions, that the name of the…
January 3, 2018 -
California Government Launches New Cannabis-Related Business Portals
In anticipation of the January 1, 2018 roll-out of legal recreational marijuana in California, the state government has launched a pair of web portals to act as “one-stop shops” for the creation…
December 29, 2017 -
Deadline Approaching to Comply with New Website Copyright Regulation
Business owners operating websites, apps, or other online services that transmit, cache, store, or link to user generated content have until December 31, 2017 to comply with recent changes made by the U.S.…
November 27, 2017 -
The “15-Day Rule”: How It Can Help When Forming an LLC
As the end of the year approaches, many entrepreneurs begin to think about taking the leap to start a business, and look to the limited liability company (“LLC”) as the vehicle to…
November 1, 2017 -
Uber Case Adds Clarity to Click-Wrap Agreement Enforceability
The Problem: Your Terms of Use May Not Be Enforceable Website owners or software developers who take the time to have advantageous terms of use drafted for them expect that they will…
October 13, 2017 -
Take Stock: 5 IP Assets Your Small Business May Need to Protect ASAP
If your startup company is taking the plunge into the world of entrepreneurship, or you have a small business that is just finding its feet, identifying and protecting your company’s intellectual property…
October 3, 2017 -
Michael Thomas Gives Interview on IP Law in Entrepreneur Video Program
An interview with yours truly about IP issues that should be on every entrepreneur’s radar will air for a limited time for free on Tuesday September 26, 2017 at 4PM EST/1PM PST.…
September 25, 2017 -
CVL Client Interviewed on Grateful Dead Website
CVL client Stu Nixon, co-author of the iconic book series Deadbase, was interviewed for a feature on dead.net, the Grateful Dead’s official website. Stu and co-author Mike Dolgushkin relaunched the book series in…
September 21, 2017 -
Fair Use Friday: Dirty Grinch Parody Transformative, Says Court
On Friday September 15th a judge in the Southern District of New York ruled that a raunchy play based on the Dr. Suess book “How the Grinch Stole Christmas!” amounted to a…
September 20, 2017
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