Category / Legal Blog Posts
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You Can Tuna Piano But You Can’t Copyright a Chicken Sandwich
In a case reminiscent of the attempt last fall to protect pizza flavor as a trademark, a plaintiff’s argument seeking copyright protection for his chicken sandwich met with clucking disapproval from a federal court.…
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4 Things Business Owners Should Know About the Trademark Clearinghouse
As a new internet era dawns with the continuous roll-out of new gTLDs (“generic top-level domains), business owners interested in protecting their valuable trademark rights and existing domains should be aware of four…
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“Mother May I Sue?” The Fractured Standard for Bringing Copyright Infringement Suits
The 1976 Copyright Act fundamentally changed the way authors acquire rights in their creations, requiring only fixation “in any tangible medium of expression.” In contrast, under the previous 1909 Copyright Act, an author…
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Guest Post on the ceb.com Blog
Just a heads up, I have a guest post on the California Continuing Education of the Bar (CEB) blog about the first case to interpret California’s new LLC law-check it out!
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Skills to Pay the Bills: Beasties Win Attorneys’ Fees in Copyright Case
The Beastie Boys won their motion for attorneys’ fees based on their successful copyright infringement case against Monster Energy. However, the award was reduced, and they did not recover attorneys’ fees under…
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FTC Tackles First Kickstarter Case, Settles Crowdfunding Action
The first case brought by the FTC involving crowdfunding reached a conclusion June 11th with a settlement. The defendant Eric Chevalier raised over $122,000 via Kickstarter to ostensibly produce a board game but…
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Court Rejects Joint Authorship Argument in Overturning Previous Garcia Ruling
The Ninth Circuit overturned a controversial ruling from one of its own panels in a case involving the 2012 short film Innocence of Muslims. The en banc panel dissolved the earlier three-judge panel’s…
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Live Tweeting from 9th Circuit Oral Arguments in Bikram Yoga Case
I will be in the Ninth Circuit’s Pasadena, CA courthouse (Courtroom 1) this Friday morning to live tweet from the oral arguments in Bikram’s Yoga College of India v. Evolation Yoga LLC. There…
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Bikram Yoga Copyright Redux, Part 4
Part 4 of my series on the Bikram yoga copyright controversy breaks down Evolation’s answering brief. The appellees, winners on summary judgment regarding copyright invalidity of Bikram’s asana sequence, aim their brief…
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Bikram Yoga Copyright Redux, Part 3
The Bikram yoga copyright controversy is finally coming to a head with oral arguments scheduled in less than two weeks before the 9th Circuit. In the lead up to the orals, I…
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3 Reasons Why Forming an LLC May Be Right for Your Business
When it comes to business formations, many business owners wonder about the benefits of forming an LLC for their companies. Three considerations make LLCs (“limited liability companies”) the choice for many entrepreneurs…
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3 Ways to Maximize the Value of a Logo Copyright
Trademark protection has long been recognized as a must-have for valuable eye-catching logo designs. However, a logo copyright is often overlooked as a method for intellectual property protection. Three things must be…
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“Guide to Trademark & Copyright Protection for a Logo” Hosted on Nolo Network
An article I wrote entitled “Guide to Trademark & Copyright Protection for a Logo” is being hosted by lawfirms.com, a website that is part of the Nolo Network-please check it out.
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Bikram Yoga Copyright Case Update: Oral Arguments Set for May
Oral arguments for the Bikram yoga copyright case in the 9th Circuit Court of Appeals has been set for May 8, 2015 in Pasadena, California. Bikram is appealing a district court ruling…
