New Developments in Trademark Dispute of Asian-American Rock Band "The Slants" Reignite Free Speech Debate

Recent developments in the ongoing trademark dispute involving Asian American dance rock band "The Slants" have reignited discussion regarding disparaging marks and free speech. Last month the band argued before a U.S. appeals court that the government’s rejection of its trademark application pursuant to "the provision in the Lanham Act that bars disparaging trademarks violates the First Amendment and should be […]

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The tangled history of Pro Football, Inc (PFI) and the issue of disparaging trademarks is back in the spotlight with recent accusations of bribery and an anti-Washington Redskins prime time commercial from the National Congress of American Indians.

A Handcrafted Problem: Etsy's share price woes and IP infringement

Etsy describes itself as a "marketplace where people around the world connect, both online and offline, to make, sell and buy unique goods." For a site based on creativity and uniqueness, they have a surprisingly long history of high profile disputes between Etsy sellers and intellectual property owners. Among a myriad of other incidents, sellers have reportedly […]

New Portraits: May Richard Prince Fair(ly) Use Your Picture?

The prince of appropriation strikes again! Visual artist Richard Prince caused a major uproar in the art world with his latest exhibition, New Portraits. The series of photographs, which features enlarged screenshots of Instagram posts made by different users, has been the object of controversy after it was reportedly found that Prince never asked for […]

Ain't No Laurent Without Some Irony: Hedi Slimane and the Rise of Parody Fashion

Some may say that there is no Laurent without Yves, but Hedi Slimane is definitely not one of them. Luxury Goods International (LGI), the owner of Saint Laurent Paris’ trademarks, is suing Jeanine Heller, founder of What About Yves, for trademark infringement, trademark dilution, false designation of origin and unfair competition. Her parody t-shirts had […]

Breaking-up Bad: Is Copyright the Best Tool to Fight Revenge Porn?

Ugly break-ups are nothing new, but selfies, sexting and social media have opened a new avenue for exes to punish each other. When one ex keeps nude or sexually explicit photos of the other and publishes them to the internet or to their mutual contacts on social media, they create “revenge porn.”

Out with the Old, In with the New: DMCA Exemptions Under Review

The U.S. Copyright Office is currently in the process of conducting its 6th triennial rulemaking review under 17 U.S.C. § 1201 of the Digital Millennium Copyright Act ("DMCA"). This section allows the Copyright Office to create exemptions to the DMCA’s prohibition against bypassing technological measures that control access to copyright protected works. In each rulemaking proceeding […]

After Swift Shakes it Off with Spotify, US Copyright Office Promises to Shake it Up

The US Copyright Office has published a report that, at the very least, promises to reopen the debate surrounding rights of remuneration for performers and makers of sound recordings. This followed huge publicity generated in the United States about artist remuneration rates for webcasting, which in turn was sparked by pop pixie Taylor Swift’s pronouncement that her […]

An Interview with Owen Byrd from Lex Machina

I had the opportunity to speak with Owen Byrd, the Chief Evangelist and General Counsel for the Legal Analytics company Lex Machina. Based in Menlo Park, California, Lex Machina is one of the many legal technology startup companies that has recently sprouted in the Silicon Valley area. As a leader in the intersection of legal […]

A Dose of Consistency: SCOTUS Settles the Controversy in Teva v Sandoz for Patent Litigation

In Teva Pharmaceuticals USA Inc  v Sandoz Inc, a patent infringement case evolved into an opportunity for the Supreme Court of the United States (SCOTUS) to settle a decades-long controversy regarding how the Federal Circuit should review patent construction claims. By convention, the Federal Circuit has reviewed such claims de novo, ignoring Rule 52(a) of […]