In the age of social media, video content has never been more widely available. What used to demand the planning and labor of a film crew and TV/theatrical distribution can now be spontaneously shot on someone’s phone and released on Instagram. Perhaps the casual...
Crystal Broughan, Intellectual Property Attorney
Cannabis Candy Makers: Read This Before You Register a Trademark
We have addressed CBD and cannabis products in recent years on this blog, but the story continues to evolve as more and more states make not only CBD but full THC products legal. Federal legalization remains elusive, but is likely inevitable. In particular, CBD and...
The Author of LOTR Fanfiction Sued Amazon and Tolkien’s Estate – It Did Not Go Well for Him
To put it mildly, the relationship between the copyright owners of popular works of fiction and the creators of fanfiction has always been… complicated. Some copyright holders wholeheartedly support it. Others have denounced it, wanting to retain total control over...
You Cannot Register a Copyright That Never Existed: Ruling Against AI-Generated Work
AI and copyright are far from new themes in September 2023. You have likely heard about multiple cases on the nature of AI-generated work and how copyright law may (or may not) apply. A recent ruling on a completely AI-fabricated piece of artwork advanced this...
Another Bad Headline for Shein: Copyright Infringement on the Order of Racketeering
The fashion retailer Shein is known for its constant waterfall of online clothing listings. Shein enthusiasts are known to scroll the app like they would social media, gazing upon absurdly cheap outfits, shoes, and home decor. But if you are at all familiar with...
Milwaukee World Festival Sues Minnesota Twins to Prevent “Summerfest” Trademark Genericide
Have you ever seen a company pop up multiple times in the headlines for defending its trademark name? You may have wondered, “Do they really need to go after every company that uses something similar? Are they just being aggressive?” If you are not immersed in the...
If You Embed a Photo from Instagram, Is It Copyright Infringement?
At this point, it should come as no surprise that the internet is the Wild West of intellectual property law. Between AI-generated content and complex layers of transmitting other people’s ideas, it can prove difficult to draw the lines of copyright ownership,...
Indiana Jones and the Backpack of Litigiousness
If you have seen the new Indiana Jones movie – Indiana Jones and the Dial of Destiny – you might have noticed that Harrison Ford is sporting a particular backpack in the film. Actually, you probably did not notice it because you were too busy paying attention to the...