United States
Glossier Tries Building Brand’s Image by Filing Two Trademark Applications for the Packaging of its Products
In early 2019, the beauty and skincare brand Glossier Inc. filed two trademark applications with the United States Patent and Trademark Office (USPTO) relating to the packaging of its goods. The first application was filed with respect to its pink-lined boxes, with the colour pink claimed as a feature of the mark. The second application […]
Looks Are Not Everything; Professor Amy Adler's Future of Art
Earlier this month, Osgoode Hall Law School welcomed Amy Adler, New York University’s Emily Kempin Professor of Law, to present on copyright and the future of art. Professor Adler is a leading scholar of art law and specializes in the legal regulation of artistic expression, sexuality and free speech. Visual artists today, as she describes, […]
Not-So-Compulsory Licence: a Proposed (and Rejected) Solution to Copyright Infringement in Derivative Musical Works
In a recent MTV news article, author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for derivative works […]
Infringement City Blues (Make Ed Sheeran Wanna Holler)
Flanked! Two Ed Sheeran songs now face copyright infringement actions. One alleges Sheeran’s “Photograph” copied a song called “Amazing” written for X Factor winner Matt Cardle. Richard Busch—also counsel for the Marvin Gaye estate in the “Blurred Lines” case—filed in June on behalf of “Amazing”’s copyright owner, HaloSongs, Inc. Another, filed in August on behalf […]
When Life Gives You Lemons, Make (Your Own) Lemonade: Beyoncé Sued for Her Latest Album Trailer
Beyoncé’s Lemonade left a sour taste in at least one person’s mouth. Matthew Fulks, a Louisville-based filmmaker and creative director at the WDRB Kentucky news station, is taking the singer to court for copyright infringement. The plaintiff claims that Lemonade, Beyoncé’s trailer for her latest album, copies “visual and sonic elements” from his short-film “Palinoia.”
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 […]