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Features

Can Consumer Products Be 'Expressive Works'? Image

Can Consumer Products Be 'Expressive Works'?

Eric Alan Stone & Catherine Nyarady

In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Trademarks and Free Expression In the Ninth Circuit

Features

New Decisions In Disputes Over Titles Reinforce 'High Bar' In Proving Public Was 'Explicitly Misled' Image

New Decisions In Disputes Over Titles Reinforce 'High Bar' In Proving Public Was 'Explicitly Misled'

Stan Soocher

When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.

Columns & Departments

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Upcoming Webinar

ssalkin

Join Board of Editors member Kyle-Beth Hilfer, Editor-in-Chief Howard Shire, Aaron Krowne and Wenew GC Christine Lawton for Counseling the NFT Client: A Practical Guide to Legal and Business Issues.

Features

Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright Image

Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright

Allison Dunn

A federal judge in the U.S. District Court for the District of Connecticut sided with the family of a production company executive in finding that the wife of late Broadway lyricist Bob Merrill had no right, under §304(c) of the U.S. Copyright Act, to cancel a more than 50-year-old royalty agreement between the executive and Merrill.

Features

Data Minimization Meets Defensible Disposition: Just Say No to ROT and Over-Retention of Personal Information Image

Data Minimization Meets Defensible Disposition: Just Say No to ROT and Over-Retention of Personal Information

Martin Tully & Nick Snavely

Like a good diet and regular exercise for the body, data minimization and routine, defensible purging of outmoded documents are essential to maintaining healthy organizational information hygiene.

Features

Leaning on Trusted Partners to Drive Legal Tech Adoption and Avoid Failed Implementation Image

Leaning on Trusted Partners to Drive Legal Tech Adoption and Avoid Failed Implementation

Mark Wilcox

Turning to familiar, trusted partners to help navigate the unruly waters of change management, adoption and an ocean of new legal technology options.

Features

Texas App. Court's Ruling in Suit By Band Member's Lawyer Image

Texas App. Court's Ruling in Suit By Band Member's Lawyer

Adolfo Pesquera

A.B. Quintanilla III, founding member and leader of the Latin music group Kumbia Kings, prevailed on appeal in a dispute with a Texas attorney who claimed Quintanilla conspired to cut the lawyer out of his alleged share of a settlement.

Features

FTX Bankruptcy Sends Tremors Through Crypto Regulation Image

FTX Bankruptcy Sends Tremors Through Crypto Regulation

Steven Salkin

The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation's financial regulatory and bankruptcy landscapes.

Features

Attorneys Can Have Their (Hybrid) Cake and Eat It, Too Image

Attorneys Can Have Their (Hybrid) Cake and Eat It, Too

AshLea Allberry

Lawyers, especially young lawyers, want to work from home. But there are downsides, such as a decrease in networking and personal relationships. How can technology help balance these out so that attorneys and law firms can have their cake and eat it too.

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