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Strange Bedfellows on the Campaign Trail: The Tension between Music, Copyright and Political Licensing Agreements

Moments before former President Donald Trump took to the stage at a Montana rally this August, Celine Dion’s 1997 hit, “My Heart Will Go On,” blasted over the speakers while a clip appeared onscreen. It took less than 24...more

Trademark Fundamentals: Likelihood of Confusion

A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more

Trademark Fundamentals: Materials Ineligible for Trademark Protection

Not everything can be protected as a trademark. Certain types of material are specifically excluded from trademark protection under U.S. law. As a startup founder, it’s crucial to understand what cannot be registered as a...more

Trademark Fundamentals: Distinctiveness

In trademark law, the concept of distinctiveness is central to protecting your brand and ensuring it stands out in the marketplace. Understanding the levels of trademark distinctiveness can help startup founders make informed...more

Trademark Fundamentals: Opposition and Cancellation Proceedings

For startup founders, navigating the complexities of trademark law is essential for protecting your brand. An important aspect of this process involves understanding opposition and cancellation proceedings. These are formal...more

Trademark Fundamentals: Selecting Goods and Services for New Applications

As a startup founder, you’re often faced with numerous decisions that impact the future of your business. One such decision is how to approach trademark applications. A crucial component of this process is selecting the...more

Trademark Fundamentals: Use in Commerce

Startup founders looking to protect their brands need to understand the concept of “use in commerce” to successfully register their trademarks with the U.S. Patent and Trademark Office (USPTO). This article will break down...more

Trademark Fundamentals: What Is a “Basis” for a Trademark Filing?

When applying to register a trademark, a critical component you will encounter is selecting a “basis” for the application. Selecting the correct basis is crucial for ensuring that your application is processed smoothly and...more

Trademark Fundamentals: What Is a Specimen of Use?

As you dive into the world of trademarks to protect your brand, one element you will encounter during the registration process with the U.S. Patent and Trademark Office (USPTO) is the “specimen of use.” Understanding this...more

Trademark Fundamentals: Who Owns a Trademark?

When launching a startup, it’s crucial to establish a strong brand identity, which often includes selecting a unique name, logo and other identifiers that distinguish your products or services in the marketplace. One key...more

Trademark Fundamentals: What Is a Trademark?

For startups venturing into competitive business landscapes, protecting your brand is not just an option—it’s a necessity. One of the most effective ways to protect the investment you make in building your brand identity is...more

In Murthy v. Missouri, SCOTUS Focus on Plaintiff Standing Sidesteps Underlying, Larger First Amendment Questions

A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech,...more

What You Need to Know If You’re Using AI-Generated Voices for Your Company

Global music superstar Taylor Swift began her music career in Nashville, so we thought it fitting that on July 1, with the end of the Eras Tour in sight, the Ensuring Likeness Voice and Image Security (ELVIS) Act went into...more

Supreme Court Confirms Copyright Damages Can Extend Beyond Three-Year Statute of Limitations

In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner...more

SCOTUS Holds Rogers Test Is All Bark and No Bite in Jack Daniel’s Trademark Suit Against Dog Toy Maker

On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark infringement test espoused by the Second...more

Hermès’ Trademark Tussle: The Birkin and MetaBirkin Dispute

Hermès is a luxury fashion brand famously known for its iconic Birkin handbag. Since 1986, Hermès has sold over $1 billion worth of these handbags in the United States, including over $100 million worth in the past 10 years....more

The Black Box Conundrum: Go Weak or Stay Strong?

Even as artificial intelligence (AI) has become more commonplace and relied upon by businesses in different industries, it still faces criticism on whether it can be implemented in a safe and ethical manner and, related, how...more

Soulbound Tokens: Moving Away from the Hyper-Financialization of Digital Assets

Earlier this year, Ethereum co-founder Vitalik Buterin, in cooperation with economist Glen Meyl and researcher Puja Ohlhaver, published a research paper on soulbound tokens (SBTs). SBTs are publicly visible, non-transferrable...more

Department of Treasury Study Addresses NFTs, Online Platforms and the Emerging Digital Art Space

Last week, the U.S. Department of the Treasury released a report entitled “Study of the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art” that discussed risks in the art sales ecosystem,...more

A NFT Primer on Potential IP Ownership Legal Issues

Carolyn Toto recently joined host Joel Simon on his Industry Insights podcast continue the discussion of non-fungible tokens, related IP ownership issues and more. Joel Simon: Our discussion today is part of a series on...more

Can You #Hashtag the Liability Away?

Social Media has gone from frontier to “settled land of influencers” when it comes to brand promotion. In 2020, social media ad revenues reached $41.5 billion, making up nearly 30 percent of all internet and ad revenue. The...more

Fractionalized NFTs: Breaking Down Investing in Art

Anyone who follows the crypto space knows that non-fungible tokens (NFTs) are all the rage of late. We have written on the subject previously on multiple occasions, particularly with respect to NFTs that tokenize works of...more

Fungible Banksy: NFTs, Copyright and Digital Art Collide with the Burning of Morons

We previously wrote on non-fungible tokens (NFTs) that represent art and how that concept is starting to be embraced by the art world. Enter Banksy, a celebrated graffiti artist and political activist whose real name and...more

Non-Fungible Tokens and Art that Lives on the Blockchain

Non-fungible tokens (or NFTs) are unique blockchain-based tokens that can represent almost anything, including physical assets. NFTs have been growing significantly in popularity in recent years because of this potential to...more

Of Platforms and Permissions: Legislation Seeks to Simplify the Menu in Regard to Restaurants and Food Delivery Services

Many restaurants that do not like food delivery platforms delivering their food will have their concerns addressed by a new California law enacted on September 24, 2020. AB-2149, known as the Fair Food Delivery Act of 2020,...more

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