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Can I Use that Photo? No. Yes. Maybe?
Businesses often have a need to make use of photographs as decorative art, for illustration, in connection with programs, events, or seminars, or for other purposes. For photographs not created by the...
View ArticleGuest Blog: Amazon’s New “Project Zero” – A Way for Brand Owners to Curb...
Amazon has just announced Project Zero to potentially assist brand owners in combatting counterfeit goods by removing products likely to be fake from the online retailer’s platform. Project Zero would...
View ArticleWe Got The Beet: Trademark Claims and Puns
Lettuce Turnip the Beet: When puns are “functional” In LTTB LLC v. Redbubble, Inc., plaintiff LTTB, an online apparel company, contended its success was “largely due to public fascination with its...
View Article‘Tis the Season: Make Certain That You Renew Your DMCA Designated Agent with...
Have you renewed your DMCA Designated Agent designation with the Copyright Office yet? (If you are unfamiliar with a DMCA Designated Agent, read below for an explanation.) Any company that may have...
View ArticleSupreme Court’s Lanham Act Ruling Paves Easier Path to Profits for False...
In a victory for plaintiffs bringing Lanham Act claims to protect their trademarks, the Supreme Court held on April 23, 2020, that a plaintiff is not required to show that the defendant “willfully”...
View ArticleConducting Your Way Through Music Licensing: The Most Common Issues
The perfect addition to any project is music. Whether you are making a video advertisement for your product; including music in your posts on your company website, TikTok, or YouTube; posting an...
View ArticleLegal Implications of Syncing Copyrighted Music with Other Content
With the rise of social distancing and stay-at-home orders, the demand for online content has increased exponentially. Given this new reality, online content creators must take steps to ensure that...
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Mona Lisa or Dog Doo? Humor Avoids Trademark Liability
Trademark holders face a common dilemma in deciding whether and how to respond when their marks are used for comic effect, particularly when the humor is done at their expense for another’s commercial...
View ArticleAfter an Almost Four-Year Battle, the Second Circuit Sees Anti-Competitive...
A recent decision by the Second Circuit in an antitrust case involving advertising may have long-standing effects on how competitors use each other’s names and trademarks in advertising and on...
View ArticleBranding the Future: Advertising Law, the Metaverse, and NFTs – Part 2
In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising...
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