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Is The Server Test Ready for a Reboot?

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

Producer’s Copyright of Friday the 13th Screenplay Slashed In Screenwriter’s Termination Lawsuit

On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright...more

Compliance Deadline For California’s New Privacy Act Coming Up Fast; Are You Ready?

The deadline for business to implement compliance with the California Consumer Privacy Act is just around the corner and chances are most businesses are not ready. On June 28, 2018, Governor Brown signed into law the...more

Hidden Trademark Landmines In Comparative And Compatibility Advertisements

Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of...more

TTAB’s Refusal To Register Trademark Reveals Important Lesson For Trademark Attorneys

The Trademark Trial and Appeals Board’s recent ruling in In re Productos Verde Valle, S.A. de C.V. upholding a trademark examiner’s refusal to register the mark SONIA for “sauces; chili sauce; hot sauce” holds a lesson for...more

California Finally Rolling Out Its Own Cannabis Trademark Laws

California was the first state to legalize marijuana for medical use. In 1996, California approved Proposition 215, the California Compassionate Use Act. Two decades later, California voters approved Proposition 64, the...more

What Do California Wine Grapes and California Marijuana Have in Common?

When a winery wants to tell consumers the geographic source of its wine, it includes on the label the wine’s “appellation of origin.” An appellation of origin tells the consumer where the wine grapes were grown. ...more

Tattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding of Applicability of Statutory Damages

This isn’t just another tattoo-copyright infringement case. This case raises an important lesson for all copyright claimants. The backstory: Solid Oak is a licensing firm that represents the go to tattoo artists for...more

Five IP Pitfalls That Start-Up (and Grown-Up) Companies Can Easily Avoid

In business, there are numerous opportunities for pitfalls, mistakes and errors and they come up in all different legal areas – from basic formation issues to labor and employment to intellectual property. Mistakes and...more

Live Streaming Apps Raise New/Old Copyright Concerns

Periscope (owned by Twitter) and Meerkat are two new “live streaming” apps which allow users to live stream videos from their phones. These applications could potentially change the way live sporting or music events are...more

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