The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news...more
In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more
6/16/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Artists ,
Commercial Use ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Fine Art ,
First Amendment ,
Intellectual Property Protection ,
Photographs ,
Prince ,
SCOTUS ,
The Copyright Act ,
Transformative Use
The U.S. Supreme Court on June 8, 2023, ruled unanimously that a parody of a Jack Daniels whiskey bottle in the form of a dog chew toy was not entitled to receive heightened protections even if it contained artistic or...more
6/13/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
As highlighted by a recent Trademark Trial & Appeal Board (TTAB) decision, Clementvision, Inc. v. Robert Clement, expressly including intellectual property rights in an estate plan can prevent complicated issues from arising....more
1/19/2023
/ Abandonment ,
Asset Transfer ,
Estate Planning ,
Executors ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music ,
Rebuttable Presumptions ,
Trademark Application ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Non-fungible tokens (NFTs) serve as agile mechanisms to verify an underlying asset's authenticity and/or ownership linked with it. For now, minting NFTs to commercialize digital artwork on blockchain domain names continues to...more
1/16/2023
/ Artificial Intelligence ,
Artistic Works ,
Blockchain ,
Brand ,
Copyright ,
Corporate Branding ,
Digital Assets ,
Fashion Branding ,
First Amendment ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Trademark Infringement ,
Trademarks
Sweepstakes and other promotional devices, such as contests and giveaways, are already immensely popular in social media. With the growing popularity of the metaverse, many brands are expanding their advertising and marketing...more
In Part 1 of this three-part blog series, we examined how intellectual property (IP) online is normally enforced and how that model may translate to the metaverse. Part 2 focused on the implications for IP enforcement of...more
In Part 1 of this three-part blog series, we examined how intellectual property (IP) rights online are normally enforced and how that model may translate to the metaverse. In Part 2, we focus in on the implications for IP...more
For creators who seek to protect their intellectual property (IP), the idea of enforcing intellectual property rights in the metaverse may initially appear to be daunting. After all, given the metaverse's association with...more
10/10/2022
/ Blockchain ,
Copyright ,
Copyright Infringement ,
DMCA ,
Domain Names ,
Enforcement ,
Intellectual Property Protection ,
Metaverse ,
Terms of Service ,
Trademark Infringement ,
Trademarks ,
WIPO
The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 11, 2016, held unconstitutional the current structure of the Consumer Financial Protection Bureau (CFPB), broadly condemning the agency's unparalleled...more
10/12/2016
/ Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statute of Limitations ,
Statutory Interpretation