If an artist’s message revolves around anti-commercialist values, is it hypocritical for them to employ copyright law to protect their own work? A swirl of questions like this surrounds a recent copyright infringement case involving Banksy and Guess. The mysterious,...
Marks Gray
Trademark Lawsuit: New vs. Founding Band Members of Autograph
The histories of bands are often fraught with volatile dynamics between members. Sometimes these dynamics rise to the surface in public lawsuits, especially when it comes to band ownership, royalties, and live show profits. This makes sense – a popular band can serve...
Case about a Jack Daniel’s Parody Toy May Set New National Standards
“The Old No. 2, on your Tennessee Carpet.” “43% Poo By Vol.” “100% Smelly.” Those are just a few of the quotes employed by Phoenix-based business VIP for their “Bad Spaniels” dog toy. They are meant to evoke and parody Jack Daniel’s famous “Old No. 7” label of whiskey...
Livestream Loophole Leads to Retroactive Infringement of Copyright Licensing
Does it ever pay to use intellectual property loopholes to save a few bucks? If you wish to remain disentangled from legal action, the answer is likely “No.” This is especially true in a complex area of copyright licensing like live televised events, since there may...
How Not to Lose Your Trademark to Non-Use Abandonment
Do you know what matters more than the registration of your business’s trademark? Its usage. One major way that a business can lose a viable trademark is non-use for a period of three or more years -- it's called trademark non-use abandonment. The USPTO tries to keep...
IP Education: IP Assets & Estate Planning
For many artists, part of the intention for a piece of art is to live beyond its creator. Similarly, inventors and business owners are likely hoping to leave behind some kind of legacy. Yet, surprisingly, many neglect to make a posthumous plan for their works –...
6ix9ine Loses Trademark for His Name, Learns Importance of Responding to Lawsuits
Back in July 2022, rapper Warren Hamilton filed a Notice of Opposition before the Trademark Trial and Appeal Board (TTAB) against Daniel Hernandez, who goes by the stage name 6ix9ine. In the Opposition, Hamilton said that he had been using a similar stage name – SIX9...
When “Unofficial” Does Not Excuse Copyright Infringement – Netflix Sues Over Unofficial Bridgerton Musical
If you inject the word “unofficial” into the title of a work, does that save you from copyright infringement troubles? Abigail Barlow and Emily Bear, the creators of the wildly successful Unofficial Bridgerton Musical, have been learning about this the hard way in...