In the world of trademark law, few disputes have logged as many miles or generated as much legal debate as the epic saga between liquor titan Jack Daniel’s and novelty toy maker VIP Products. Three years ago, the U.S. Supreme Court weighed in to clarify how parody...
Crystal Broughan, Intellectual Property Attorney
How Fraudulent Copyright Claims Are Censoring Free Speech and Political Reporting
When the Digital Millennium Copyright Act (DMCA) was originally created, the idea was to give copyright owners a quick, out-of-court mechanism to stop online piracy. However, an alarming trend has developed. Quite simply, the law’s automated “notice-and-takedown”...
Apple, OpenAI, and High-Tech Poaching
In the world of big tech, partnerships can turn into stakes rivalries overnight. Just two years after announcing a high-profile integration of ChatGPT into its operating systems, Apple has filed a bombshell federal lawsuit against OpenAI, its hardware subsidiary io...
Nominative Fair Use Doesn’t Stop Airbnb from Reclaiming Domain Name
When an entrepreneur registers a domain name that incorporates a world-famous trademark, sometimes they claim they are simply describing a legitimate third-party service. But a ruling from the U.S. Court of Appeals for the Ninth Circuit serves as a firm reality check...
What Are the Boundaries of Brand Protection? Fender Is Currently Learning This
For decades, the double-cutaway silhouette of the Fender Stratocaster has been practically synonymous with the electric guitar itself. But a series of aggressive legal maneuvers from Fender Musical Instruments Corporation has sent shockwaves through the gear...
What the Copyright Lawsuit Over BTS’s “Swim” Teaches Us About Music Publishing Risk
When a chart-topping global hit shares a title and core sonic elements with an unreleased demo, the music industry tends to take notice. But when that global hit belongs to K-pop powerhouse BTS, the resulting legal battle becomes an instant case study in copyright...
Pizza Puff Dispute Highlights That the Nuances of Trademark Infringement Aren’t Just Fluff
The legal world frequently cautions business owners that the more a brand name “describes” its underlying product, the harder it becomes to legally protect. Yet many entrepreneurs assume that once they secure an official federal registration from the U.S. Patent and...
Ford Motor Forced to Pay $82 Million in Unjust Enrichment Claim
When a multi-million-dollar jury verdict gets slashed to single digits by a trial judge, it usually marks a devastating end to a company’s legal battle. But a landmark decision from the U.S. Court of Appeals for the Federal Circuit has completely turned the tables. In...