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You Might Not Like This, But: The Supreme Court Rules that Trademark Registrations Cannot Be Barred Because Offensive

The U.S. Supreme Court has reminded us again that the First Amendment’s protection of free speech includes speech that might hurt your feelings. In a unanimous decision after a two year litigation battle, the Court just held...more

U.S. Supreme Court Rules Decorative Elements Can Be Copyrighted

On Wednesday, March 22, 2017, the U.S. Supreme Court, in a 6 to 2 decision, affirmed a decision of the United States Court of Appeals for the Sixth Circuit in favor of Varsity Brands, Inc., et al. (Varsity). The Supreme Court...more

SPINAL TAPPED OUT: Harry Shearer’s Lawsuit is No Laughing Matter

For many of us, This is Spinal Tap remains the benchmark (if not the first great example) of the so-called “Mockumentary” genre of film. Since its first release in 1984 (it had a subsequent theatrical release thereafter) to...more

The New European Union-U.S. Data Privacy Shield…Is It Right for You?

U.S. companies with transatlantic operations should carefully balance the need to transfer personal data about European customers and employees from Europe to the U.S. in light of the increased burdens and cost of compliance...more

Star Trek Fan Film: Yes, It WILL Boldly Go

As I reported in a recent blawg post, a Federal court in Los Angeles was set to decide just how far the Star Trek universe’s copyright reach extends. In the case of Paramount Pictures Corporation v. Axanar Productions, Inc.,...more

Stairway To Heaven: Did Led Zeppelin Spirit It Away?

Last year, I wrote a post about a case that was about to be filed challenging the authorship of Led Zeppelin’s rock classic, “Stairway to Heaven.”. Two weeks after that post, a lawsuit was filed in Los Angeles Federal...more

Star Trek Fan Film: Will It Boldly Go?

A Federal court in Los Angeles is set to decide just how far the Star Trek universe’s copyright reach extends. In an interesting case that is being closely followed in the entertainment industry, Paramount Pictures...more

Hey, Can You Keep a Secret?

Non-Disclosure Agreements (variously also referred to as NDAs, Confidentiality Agreements, Secrecy Agreements, Trade Secret Agreements, etc.) (“NDAs”) can be an important form of protection for a startup venture in need of...more

FAN ART: Tribute or Tribulation?

“Fan Art”—you’ve probably seen it and didn’t know it. Maybe you’ve even purchased it, not knowing it wasn’t legally created. So what is it, exactly? Fan art is art created by fans of characters that were originally created by...more

European Court Invalidates Safe Harbor for Transatlantic Personal Data Transfer

An October 6, 2015 decision by the European Court of Justice (ECJ) could significantly alter the framework by which U.S. companies transfer data across the Atlantic, as the ECJ found the EU-U.S. Safe Harbor framework (the...more

The Aereo of its Ways: The U.S. Supreme Court Rules in Favor of Broadcasters

In a 6 to 3 decision, the United States Supreme Court, in the case of American Broadcasting Cos., Inc., et al. v Aereo, Inc., has just ruled that Aereo, an Internet service that allows customers to watch free broadcast TV...more

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