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Can you Repeat the Question? Supreme Court Hears Oral Argument on the Scope of Damages in Copyright Infringement

​​​​​​​The Supreme Court heard oral argument in February in Warner Chappell Music, Inc. v. Nealy, a case that promised to resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Parlez-vous Francais? New Language Requirements in Effect in Québec in June 2025

Established through the Charter of the French Language, French is the official language of the Province of Québec. The Charter applies to businesses located in Québec and to other businesses providing services and selling...more

Scaling Cannabis Brands Nationally - the Highs (and Lows)

Late last month, Dorsey led a panel at the inaugural Investing in Women Cannabis Pioneers - The Brand Builders investor conference put on by Roth. The panel was made up of female business leaders at Bhang, Leafly, Insa,...more

New York Post-Mortem Statutory Right of Publicity Set to Take Effect

A new post-mortem right of publicity bill that was signed into law by Governor Cuomo on November 30, 2020, will soon take effect on May 29, 2021. The new law recognizes post-mortem rights of publicity in New York for the...more

#AdLaw - A Quick Wrap-Up From The 2020 ANA/BAA Marketing Law Conference

Last week we quickly pivoted from watching the 24/7 “Map Show” to spending our screen time learning at the ANA 2020 Marketing Law Conference. It was a great three days in Chicago in our pajamas of educational seminars....more

FTC Report on Social Media Bots and Deceptive Advertising

We have previously blogged about the rise of computer generated imagery (CGI) influencers, which are one form of social media bots currently invading the online world. Bots are automated software that perform actions using a...more

Take Two: Photographer’s Copyright Suit Over Embedded Instagram Post is Revived

We recently blogged about an April 2020 decision of the federal court for the Southern District of New York, which dismissed a copyright infringement suit brought by Stephanie Sinclair, a Pulitzer-Prize winning...more

#igers Beware – Embedded Instagram Post Found Not To Infringe Copyright

A recent decision of the Southern District of New York shields digital publishers from copyright infringement when embedding public Instagram posts in news pieces posted online. In the case, Stephanie Sinclair, a...more

Are Color Trademarks on Product Packaging Inherently Distinctive?

On April 8, 2020, the Court of Appeals for the Federal Circuit issued a decision on an appeal from the refusal of registration of a color trademark by the Trademark Trial and Appeal Board. In this case, the applicant, Forney...more

FDA a Buzzkill for 15 CBD Companies

On November 25, 2019, the Food and Drug Administration sent a wave of warning letters to fifteen CBD companies claiming they are breaking federal food, drug, and cosmetic laws based on their current CBD product marketing and...more

A Man Walks into a Bar...And Fair Use Is Found

It is no secret about the proliferation of copyright lawsuits that have been filed over the past four years over the unauthorized use of photos online, many against media companies that seek to shield themselves from...more

Third Circuit Analyzes Work for Hire and Assignment Requirements and Explains Why the Distinction Matters

When a judicial opinion refers to a “bitter feud”, a plaintiff “beset by acrimony”, and a “rock star” banker who “faced his peripeteia” (we looked it up for you - it’s Greek for “reversal of fortune”), you know there’s gotta...more

Give Me Aphukenbrake* – USPTO Issues Examination Guide on Treatment of Scandalous Marks Following Supreme Court Case

We recently posted about the U.S. Supreme Court’s June 24th holding in Iancu v. Brunetti, which upheld a ruling that the Lanham Act’s bar on the registration of scandalous or immoral marks is unconstitutional because it...more

Some CBD Trademarks Are Now Federally Registrable Based on New Guidance from the USPTO

The United States Patent and Trademark Office will now allow federal trademark registration for marks used on some hemp-based products, including those containing hemp-derived CBD, except for foods, beverages, dietary...more

Ad Agency Liability: FTC Continues To Focus on Agency Role in Ad Campaigns

Recent articles in Forbes and National Law Review highlight that the Federal Trade Commission continues to have advertising agencies in its sights when it comes to the role that agencies play in creating deceptive...more

PTO Proposes Requiring Foreign Trademark Owners to Obtain U.S. Counsel

On the heels of launching its expedited cancellation program to clear deadwood from the Trademark Register, the U.S. Patent and Trademark Office has now pivoted to a related area: deadwood prevention. The PTO has issued a...more

California’s Cannabis Regulations Could Stifle IP Licensing

As the U.S. cannabis market continues to grow at an extraordinary pace, a number of celebrities and companies have extended their names or brands to cannabis products via partnerships with licensed growers and dispensaries. ...more

Dorsey Chairs Panel on Cannabis Marketing and Branding Issues

While a number of Dorsey lawyers have just returned from MJBizCon, Dorsey also recently led a panel on U.S. and Canadian cannabis branding and marketing issues at the Annual Marketing Law conference of the Association of...more

#MarketingLaw – Update from the 2018 ANA/BAA Marketing Law Conference

The TMCA is back from the 2018 ANA/BAA Marketing Law Conference, Upping Your Game: Pragmatic Business and Compliance Strategies. While in Chicago, we had the privilege of obtaining a comprehensive review of this year in...more

Bot or not? The Rise of CGI Influencers

In the not too distant past, consumer product brands hired celebrity figures to act as their official ambassadors. These celebrities appeared in traditional media such as TV commercials and celebrity interviews in print...more

Only in Canada, eh? Canada’s Broad Interpretation of Trademark “Use” Gives U.S. Retailers A Big Leg Up

Two recent decisions of the Federal Court of Canada pave the way for U.S. and other non-Canadian businesses to secure and maintain trademark rights for their retail or hotel operations even where they do not have a bricks and...more

Cannabis Shirt Battle Costs Iowa State Almost $1M

We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more

de Havilland vs Feud – FX Wins Round in California Court of Appeal

It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

Cannabis Branding and Free Speech Considerations

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

Yelp! Negative Online Consumer Review Protected as Opinion, Not Actionable Libel

We have discussed here before new federal legislative protections that are in place to give consumers wide latitude to post online reviews of businesses, whether they be good or bad. A recent decision of the Appellate...more

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