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Intellectual Property Communications & Media

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Proving A Franchisor’s Irreparable Injury To Obtain A Preliminary Injunction

by Mulcahy LLP on

When a franchisor grants a franchise, it licenses, among other things, its trade name and business operating system. By doing this, the franchisor trusts its franchisees, area representatives, and sub-franchisors with its...more

New USPTO Specimen Pilot Program

by Knobbe Martens on

On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains...more

Fair Use and Social Media Sites like BuzzFeed

Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has been to promote freedom of expression in order to...more

No Foul: “Jumpman” Can Keep Soaring

by Orrick - IP Landscape on

Rentmeester v. Nike, Inc., No. 15-35509, 2018 WL 1055846, at *6 (9th Cir. Feb. 27, 2018) (Judge Paul J. Watford) - On February 27, the Ninth Circuit upheld the dismissal of copyright claims against Nike, Inc. alleging that...more

Cross-border parcel delivery – European Parliament approves the regulation proposal

by Hogan Lovells on

Some time ago now, the European Commission launched an initiative to improve transparency and regulate the cross-border parcel delivery sector as part of its aspiration to create a real Digital Single Market. Clearly, no...more

Vintage or Protectable? Steve Madden Creates Waves for the Ark

by Knobbe Martens on

Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag. ...more

When Your Rebranding Gets “Stone”-Walled

Earlier this month, Stone Brewing Company (“SBC”), a craft brewery in Southern California, sued Molson Coors Brewing Company and MillerCoors LLC (together “MillerCoors”) for trademark infringement and related unfair...more

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

The Trolls have arrived: Suspicious trademark applications on the rise

by Smart & Biggar on

In the wake of the 2014 announcement that the Canadian Trademarks Act would undergo significant overhaul, there was much speculation about how the changes would impact the behaviour of those filing trademark applications in...more

Food & Beverage Litigation Update | March 2018 #2

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...more

Domain Names: The dangers of “snapping”

by Hogan Lovells on

DNS Belgium, the Registry operating the .BE country code Top Level Domain (ccTLD), recently published an article warning domain name owners of the risks inherent in the practice of “snapping”. ...more

Successful Section 101 Motion to Dismiss: Digital Ad Delivery Is Abstract Concept

On March 1, 2018, United States District Judge Paul A. Engelmayer (S.D.N.Y.) granted defendants’—Charter Communications, Inc. and Spectrum Management Holding Company, LLC (together, “Charter”)—motion to dismiss a patent...more

Creating Buzz Through Creative Brand Management

by Fox Rothschild LLP on

Today is International Women’s Day. As a way to celebrate, McDonald’s has flipped their iconic golden arches upside-down. The arches, one of the most recognizable logos, have been physically flipped in one California location...more

Does Your Trademark Have Relevant Artistic Expression?

by Newmeyer & Dillion LLP on

Traditionally speaking, we think of a ‘trademark’ protected under the Lanham Act as a mark used to identify and distinguish a good or service from other goods and services on the market. But what if the purported ‘trademark’...more

dotFM embraces emoji domain names

by Hogan Lovells on

dotFM, the Registry responsible for the .FM Top Level Domain (TLD), is to join the handful of TLDs that are making emoji domain names available to register. ...more

TVEyes Inc. Crosses the Boundary of Fair Use Defense in Copyright Infringement Case Against Fox News Network, LLC

by Bracewell LLP on

Plaintiff Fox News Network, LLC (“Fox”) brought a copyright infringement action against Defendant TVEyes, Inc. (“TVEyes”) for the copying and redistribution of Fox’s copyrighted content to consumers. On appeal, the United...more

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

by Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

Brunetti decision paves way for offensive (even obscene) trademarks

by McAfee & Taft on

Last July, in an article titled “Free speech legal battle changes law on disparaging trademarks,” we reported that the U.S. Supreme Court ruled in Matal v. Tam that the Lanham Act’s prohibition of disparaging marks was an...more

An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad

Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this...more

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be...

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more

When "Made in the USA" Means . . . Something Different

As most manufacturers are aware, the Federal Trade Commission sets the rules for the Made in the USA designator. The current FTC standard requires that “all or virtually all” of all significant parts and processing that go...more

Seasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy

by Knobbe Martens on

Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more

Embedding Tweets May Be Copyright Infringement

by Kelley Drye & Warren LLP on

Most companies understand they should obtain a license before using a photograph in an advertising campaign or on printed materials. And yet companies may not think twice about embedding images from a tweet or social media...more

Digital Single Market – New Copyright Directive advances

by Hogan Lovells on

On 16 January 2018, the Bulgarian Presidency of the EU Council sought guidance from the Permanent Representatives Committee (Coreper) regarding the long-debated Draft Copyright Directive. ...more

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