The U.S. Supreme Court recently granted Jack Daniel’s petition for review in its case against the makers of “Bad Spaniels,” a dog chew toy that mimics a bottle of Jack Daniel’s whiskey. The dog toy made by VIP Products LLC...more
The Onion recently filed a headline-grabbing amicus brief intended to defend the rights of Ohio amateur satirist Anthony Novak. Novak created the “City of Parma Police Department” Facebook account, admittedly to exercise his...more
Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many...more
On June 22, 2022, a New York federal judge dismissed a claim by popular TikTok creator Kelly Manno against Michael Che (former cast member on Saturday Night Live.) Manno claimed that Che copied a comedy bit posted on her...more
A recent case filed by famous choreographer Kyle Hanagami is set to test the boundaries of copyright law in video games and on social media.
Mr. Hanagami is a popular choreographer with a large YouTube presence. He won...more
We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images...more
The Second Circuit recently reversed an injunction stripping designer and Instagram influencer Hayley Paige Gutman of her Instagram accounts in a dispute with her former business partners.
Ms. Gutman is a wedding dress...more
The IP Law Blog has been tracking the progress of the copyright infringement lawsuit filed against Taylor Swift by Sean Hall and Nathan Butler, the writers of “Playas Gon’ Play” by the girl group 3LW (released in 2001)...more
Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content,...more
Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West...more
In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.” The song was released by the girl group 3LW in 2001 and included the...more
We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram. In that case, the court held that Instagram’s terms of use...more
Pfizer and BioNTech recently asked the Southern District of California to dismiss a patent infringement claim from Allele Biotechnology related to Pfizer and BioNTech’s Covid-19 vaccine.
Allele holds a patent for a...more
A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website.
An embedded photo is one that is not hosted on the website’s...more
3/1/2021
/ Copyright ,
Facebook ,
Instagram ,
Photographs ,
Settlement ,
Social Media ,
Terms of Service ,
Third-Party ,
TikTok ,
Twitter ,
Websites
Join Josh Escovedo and Jessica Corpuz in this one-hour webinar about Intellectual Property Law and will specifically address The Consolidated Appropriations Act of 2021.
The Consolidated Appropriations Act of 2021—arising...more
2/19/2021
/ Consolidated Appropriations Act (CAA) ,
Continuing Legal Education ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Intellectual Property Protection ,
Small Claims Court ,
Trademark Application ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO ,
Webinars
Nearly unnoticed in the wrangling over the amount of COVID relief payments, the stimulus bill signed into law on December 27, 2020 also included several interesting intellectual property provisions. Buried thousands of pages...more
With live events cancelled during the pandemic, content creators are increasingly dependent on merchandise sales. Creators from podcasters to YouTubers to musicians are reliant on merch to bolster their revenue and their...more
11/23/2020
/ Amazon ,
Brand ,
Content Marketing ,
Coronavirus/COVID-19 ,
Counterfeiting ,
Etsy ,
Fake Art ,
Intellectual Property Protection ,
Podcasts ,
Trademark Registration ,
Trademarks ,
YouTube
In a dramatic Sunday morning hearing (conducted remotely via telephone), lawyers for TikTok and the Trump Administration battled over whether the government’s order banning TikTok from the Apple and Google app stores would...more
9/30/2020
/ Apple ,
China ,
Data Collection ,
Google ,
Mobile Apps ,
National Security ,
Popular ,
Preliminary Injunctions ,
Social Media ,
TikTok ,
Trump Administration
California recently passed the California Consumer Privacy Act of 2018, described by Former Gov. Jerry Brown as a “historic step” for California consumers, “giving them control over their personal data.” He claimed that the...more
7/19/2019
/ AT&T ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Data Rights ,
Data Sellers ,
Disclosure Requirements ,
Experian ,
Facebook ,
Google ,
Instagram ,
Internet Service Providers (ISPs) ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Privacy Policy ,
Private Right of Action ,
Right to Delete ,
Verizon
As we struggle to come to grips with the recent tragedy at Marjory Stoneman Douglas High School, many have bemoaned the lack of response by law enforcement prior to the attack. News outlets state that the shooter was reported...more
With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace. This is even clearer among younger Americans, with nearly half of Millennials sporting ink. ...more
The use of private email servers and communications devices by government officials was a major issue in the 2016 election, from the investigation of Hillary Clinton’s email practices to the hacking of a private email account...more