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These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more

Photographer hits retailer over photo of player hitting Joey Bats

One of the best sports photographs in recent history captured a 2016 incident where Texas Rangers’ second baseman Rougned Odor hit Toronto Blue Jay José Bautista in the face. That memorable image is at the center of a new...more

Your DMCA Safe Harbor Questions Answered

Do you need the answer right now to one particular question about the DMCA and its (so-called) “Safe Harbors”? Here you go! But be warned: we’re painting with a broad brush, so you will have to go further – including seeking...more

Sixth Circuit Drops the Beat: Social Media Relevant in Determining Likelihood of Confusion

The US Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment, holding that the plaintiff provided insufficient evidence to find that relevant consumers were likely to confuse the sources of his and the...more

The Yellow Pages Live On

Calling the district court’s action an “abuse of discretion,” the 11th Circuit reversed a decision that cut by more than 90 percent a successful copyright infringement plaintiff’s request for attorney’s fees and costs. Yellow...more

Personal and Corporate Reputation: Five Lessons from 2016

On November 19, 2014, Sabrina Erdely’s Rolling Stone article “A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA” went viral. The article depicted the violent gang rape of a University of Virginia student...more

Three Point Shot - December 2016

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Online Copyright Enforcement Gone Wrong – How To Get it Right

An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email sent pursuant to Canada’s...more

Not Gone with the Wind: IP Rights Despite Public Domain Images

In 2006, Warner Bros. filed suit against A.V.E.L.A., X One X Productions, and ArtNostalgia.com, Inc. (collectively, “AVELA”) for copyright and trademark infringement under the Copyright Act, the Lanham Act, and state law....more

FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit. We had previously...more

NBA Team Sued By Fans Over Mobile Application

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by...more

Intellectual Property Bulletin - Summer 2016

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

“Gossip Cop” Held To Willfully Infringe Copyrighted Photos

In BWP Media USA v. Gossip Cop Media, a case sure to bring cheer to paparazzi and tabloid publishers everywhere, a judge in the Southern District of New York has found after a bench trial that a gossip website willfully...more

Political campaigns face copyright and robocall liabilities

Though it seems to come as a surprise to many of them, politicians — even presidential candidates — have to live with the same intellectual property and communications laws that bedevil the rest of us....more

Copyright and Trademark Case Review: In "Vogue," Burning Man, Building Plans and More

Copyright Opinions - Samples in Madonna's “Vogue” Too Trivial to Be Infringing: VMG Salsoul, LLC v. Ciccone, Nos. 13-57104, 14-55837 (9th Cir. June 2, 2016) - Graber, J. In a suit claiming infringement of both...more

Copyright and Trademark Case Review: Sibling Rivalry, Grilled Meat and Attorneys' Fees

Copyright Opinions - Sixth Circuit Upholds Siblings' Termination of Brother's Copyright Assignment: Brumley v. Albert E. Brumley & Sons, Inc., No. 15-5429 (6th Cir. May 16, 2016) - Sutton, J. In a declaratory...more

Sorry Beliebers, But Justin Bieber Has Been Sued For Copyright Infringement.

Justin Bieber is headed to the land of the Grand Ole Opry. Not for concertizing, but for plagiarizing. Allegedly. On May 26, 2016, “the Biebs” was sued in the U.S. District Court for the Middle District of Tennessee for...more

Privacy in a Connected World: The Celebrity Threesome Injunction

In January, a celebrity applied for an injunction against an English tabloid newspaper that wished to publish an article about a three-way sexual encounter. This case subsequently went all the way to the Supreme Court, and in...more

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

The Law Behind the Hulk Hogan $140 Million Verdict Against Gawker

A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea)  $140 million because Gawker posted a leaked sex video of the former wrestler. Rather than focus on the lurid details (which you can Google), let’s...more

Hulk Hogan Wins Big Verdict

In what might be a cautionary tale of the privacy risks for organizations who do business in buying and selling information, last Friday, a Florida jury awarded Hulk Hogan, whose true name is Terry Bollea, $115 Million in...more

The Glee decision: Court of Appeal rules in favour of UK comedy club over 20th Century Fox

The Court of Appeal has upheld a High Court ruling of 2014 that Twentieth Century Fox’s (“Fox”) “glee” television series infringed Comic Enterprises Ltd’s (“Comic”) trade mark for “the glee CLUB”. A parallel claim in the High...more

“Voice of America” Belongs to the U.S. Government - Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice...

Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice of AmericaAddressing the issues of laches and the reliability of a consumer survey in a defense to a trademark infringement action under the...more

New York Court Sacks Daily Fantasy Sports

On December 11, 2015, a New York State court ordered a shut down of the leading daily fantasy sports sites in New York, at least for now. The Court found the NYAG has a likelihood of success in showing that the activities are...more

Another DraftKings Class Action: A Primer on California False Advertising Claims

This month, one of the leading daily fantasy sports websites, DraftKings got hit with another lawsuit, this time a class action filed in the Los Angeles County Superior Court, Coleman v. DraftKings, Case No. BC600787. Given...more

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