The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
Taylor's Version: El Derecho de Artistas en la Industria Musical
The Briefing: Brandy Melville Doubles Down Against Redbubble
AI Update: ELVIS Act Passes, SAG-AFTRA Agree with Record Labels. FTC Non-compete Ban Analyzed By Gordon Firemark and Tamera Bennett.
The Briefing: Tennessee’s ELVIS Act Isn’t What You Think (Podcast)
The Briefing: Tennessee’s ELVIS Act Isn’t What You Think
(Podcast) The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
The Briefing: Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
(Podcast) The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit
The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit
(Podcast) The Briefing: Jingle Brawl – The Battle for ‘Queen of Christmas’
The Briefing: Jingle Brawl – The Battle for ‘Queen of Christmas’
Writer's Strike Ends, Actor's Strike Continues, Ed Sheeran, The MLC, NIL and more in Episode 161-Entertainment Law Update Podcast
The Briefing: Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
Emerging Technology Issues in the Music Industry with Aarash Darroodi, Executive Vice President & General Counsel, Fender Musical Instruments
Entertainment Law Update Episode 160 – August/September 2023
Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The legislature of New York’s Nassau County passed a law on Monday to ban women’s and girls’ sports teams from using sports facilities in the county on Long Island unless they exclude transgender girls and women from playing....more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Taylor...more
On May 9, 2024, the Supreme Court held that under the Copyright Act, there is no time limit on monetary recovery for a timely filed claim. In Warner Chappell Music, Inc. v. Nealy, 601 U.S. _____ (2024), the Supreme Court...more
Before we start the show, the casts of characters may drive you Off the Wall, so here’s a little primer to help you: Triumph International, Inc. (“Triumph”) is a merchandise licensing company for the estate of Michael...more
Florida State University is pushing for the dismissal of the Atlantic Coast Conference’s NC lawsuit, saying it was prematurely filed to preempt the university’s own suit against the conference, in an attempt to win a “race to...more
Thank you for reading the May 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Spotify's exploration into NFTs, two new USPTO policies with practical implications for trademark applicants...more
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more
Consumers do not associate the names Phish, Grateful Dead, and Moon Taxi with an animal, a scary movie, and a spaceship. Instead, these names likely recall the bands’ popular songs, albums, and memorable concerts....more
At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing....more
In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to register the trademark GOD BLESS THE USA for home decor items on the ground...more
The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more
In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark, which...more
Last week the Supreme Court ruled that the Trademark Office may not refuse federal registration to a trademark merely because the mark is “disparaging.” The decision has attracted a lot of media attention, much of it...more
In an 8–0 decision, the Supreme Court of the United States affirmed an en banc panel of the US Court of Appeals for the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional...more
Trademarks do not constitute government speech, the U.S. Supreme Court recently ruled. Instead, trademarks qualify as speech protected by the First Amendment Free Speech Clause. As a result, the government cannot reject a...more
Simon Tam is the lead singer of the rock group call “The Slants’, which is composed of Asian-Americans. Tam applied for federal trademark registration of the band’s name. While the term “slants” is a derogatory term for...more
Justice Alito’s summary opinion announced in Court Monday morning, in what has come to be known as the Slants case (Matel v. Tam, 582 U.S. ___ (June 19, 2017), was short and sweet but the trademark applications we can expect...more
On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19,...more
Since its enactment as the basic federal law on trademarks in 1946, the Lanham Act has prohibited the registration of “derogatory” trademarks with the United States Patent and Trademark Office (USPTO). On June 19, 2017, the...more
By striking down the “disparagement clause,” a 70-year-old provision of federal trademark law, the Supreme Court’s ruling this week in Matal v. Tam has the potential to change the ways in which people conceive, market,...more
You may remember that several national sports franchises are under fire for trademarks and branding that is seen to be racially disparaging. The Washington Redskins are the first team to come to mind, and it wasn’t too long...more
Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more
This week, the U.S. Supreme Court emphasized the importance of broad free speech protection in striking down a statute that allows the U.S. Patent and Trademark Office (USPTO) to refuse registration of disparaging trademarks....more
The Federal trademark statute’s more-than-60-year prohibition on registering trademarks that may be viewed as disparaging goes out the window with the United States Supreme Court’s recent unanimous decision. The Court ruled...more