Trademark, Copyright, and Unfair Competition Law Blog

A few months ago, a federal appeals court ruling involving the UGG AUSTRALIA brand left some scratching their heads. The U.S. Trademark Office will generally not register a trademark (that is, recognize exclusive rights through issuance of a trademark registration) for a product category. » Read More

Product brands, and the trademarks that define them, are often divided along national borders. This is why Smarties® candies in the U.S. and Smarties® candies in the rest of the world are completely different products from different producers. Even a brand like Budweiser® beer is sold under a different name in Europe because a Czech brewer has the rights to that mark in the E.U. » Read More

Last month, Ben & Jerry’s filed a notice of opposition with the Trademark Trial and Appeal Board (“TTAB”) against two applications seeking to register the trademark HALF-BAKED for bakery items that include cookies, brownies, and cakes, among other treats, as well as dessert beverages infused with coffee and chocolate. » Read More

Gaziantepli Habes Seyidoglu Baklavalari Uluslararasi Nakliyat ve San. Tic. Ltd. Sti. (“Petitioner”), a major manufacturer of food products in Turkey, filed a cancellation proceeding with the Trademark Trial and Appeal Board (the “TTAB”) to cancel Nema Food Distribution Inc.’s (“Respondent”) trademark SEYIDOGLU for various food products, which the TTAB granted. » Read More

As a business owner, you regularly assess the risks associated with your business and how to limit exposure. Almost all business activities carry some risk of liability and the possibility of being named as a defendant in a lawsuit. One of the first questions asked when that situation arises is whether the company’s insurance policy will cover the claims asserted. » Read More

Three-dimensional (“3-D”) printing is an innovative way to make products without the expense of machinery in factories. At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. » Read More

The Copyright Act of 1976 provides the basic framework for modern U.S. copyright law. The statute includes “termination rights”—the right of an author to revoke the grant of a copyright after 35 years. As important as it is for authors to regain a revenue stream, particularly for creative works that achieve acclaim over the years, the exercise of the termination right is no easy task for an author, and even for an attorney not experienced in copyright matters. » Read More

Singer/songwriter Dua Lipa is facing a copyright infringement complaint (Integral Images, Inc. v. Dua Lipa, 2:21-cv-05470, C.D. Ca), claiming she posted an image of herself on her own Instagram account. And Lipa isn’t alone – in the past five years, celebrities including Khloe Kardashian, Gigi Hadid, Deshaun Watson, Jennifer Lopez, Victoria Beckham, as well as others, have been accused of copyright infringement for posting photos of themselves on social media. » Read More

In March 2021, Artnet News reported that Beeple’s $69 million sale of a non-fungible token (“NFT”) artwork at Christie’s was the highest on record to date. For those who hadn’t been paying attention, the sale was a head-turning event. » Read More

What is fair use? And why is this common defense to copyright infringement cases being more narrowly interpreted by the courts? And what does Andy Warhol have to do with it anyway? » Read More