copyright
No Fake News Here. Your Website or App Content Can Get You Sued for Copyright Infringement, Unless It Complies with New Law
President Trump regularly says you can’t trust the media. He’s 100% right — if he’s talking about a type of digital media. This would be the third-party content, such as videos, photos, and posts to chat rooms, bulletin boards, and discussion forums, that are hosted on a site or app (“Site(s)” for purposes of this…
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….
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…
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…
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…
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…
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…
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…
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