copyright

What’s in A Name? Everything If Your Name Is Kylie Jenner

We’re saturated with Kylie Jenner.  She has a celebrity.  She’s all over reality TV as a Kardashian adjunct.  She regularly graces the covers of tabloids.  She has tens of millions of followers as a social media icon.  She has a burgeoning career as a fashionista, either selling or planning to sell clothing, cosmetics and accessories.…

Read More...

Should Musical Works be Entitled to ‘Broad’ or ‘Thin’ Copyright Protection?, The Recorder (June 12, 2018)

In an article for The Recorder, Dr. Dariush Adli examines the hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision.  That decision weighed in on whether Marvin Gaye’s 1976 hit song “Got to Give it Up” was entitled to…

Read More...

From the streets to the courts : H&M Vs. REVOK

In the era of fast communication and social media, Brands have to be extremely vigilant about the message they convey. The fashion industry as the ultimate Industry of appearances is specifically targeted in this regard. Every moves is publicly analyzed, criticized, and H&M is the last “victim” of that public eye watch. In a campaign…

Read More...

What is the ‘Right of Publicity”?

Most people have heard of well-known categories of intellectual property law such as trademark or copyright, but there is another type that you might not know, and all of us own one – the right of publicity. Don’t be misled by the word “publicity”; this right does not require you to be a celebrity pursued…

Read More...

Homemade Inventions Deserve Patents, Too

In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or…

Read More...

Importance of “Boilerplate” Terms in Contracts

The term “boilerplate” in contracts is often used to refer to miscellaneous terms and provisions, which don’t concern the main terms and conditions of the agreement.  For that reason, boilerplate provisions are often ignored or given short shrift by parties to contracts.  This is a mistake because boilerplate terms can be critical to resolution of…

Read More...

Supreme Court – Conceptual Separability Analysis

Traditionally, the principle is: Clothes are un-copyrightable useful works. In apparel, it is possible to protect an original design with copyright. Then, you can use this design on fabrics by screen printing or embroidering. The design will be protected but the clothe in which the design appear won’t be! However, there is an exception to…

Read More...

Is Margiela Purposely Playing with Burberry’s Fire?

Burberry is well known for fiercely protecting its Brand. No later than last year, the company filed a lawsuit against the rapper and producer Perry Noise, Aka “Burberry Perry.” Noise was not only using the protected word mark “Burberry”, but also the federally registered check pattern and equestrian trademark in connection with his album, online marketing…

Read More...

Beyonce Filed Application to Register Blue Ivy Carter's Name with USPTO

Beyoncé has filed an application to register her 5-year old daughter Blue Ivy Carter’s name with the U.S. Patent and Trademark Office (“USPTO”) for use on everything from hair care to clothing, mobile devices and video games, among a number of other classes of goods. In 2012, shortly after Blue Ivy’s birth, Beyoncé and husband…

Read More...

The DTSA

In the most consequential Intellectual Property development of 2016, the Federal government has enacted a brand new federal trade secrets law, known as Defend Trade Secrets Act (DTSA).  This means that now all four branches of Intellectual Property (Patent, Trademark, Copyright, and Trade Secrets) are protected under Federal law and can be brought in Federal…

Read More...