We have talked about the Lanham Act previously in regards to how it helps define the U.S. trademark registration system. A recent case involving a U.S. company and its European distributor brings up a specific question about the Lanham Act: does it apply to...
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“Mass Copyright Infringement”: Internet Archive Faces Copyright Judgment
As we have discussed, a central theme of U.S. Copyright law is the stimulation of creative ideas, their free exchange, and commercial profitability from them. This is why copyright enforcement is not black-and-white/all-or-nothing – not all infringement is considered...
Will the CDA and DMCA Be Amended or Appealed in 2023?
As the responsibilities of tech giants have soared in the past decade, two foundational Acts of the internet have come under political scrutiny: Section 230 of the Communications Decency Act (CDA) and the Digital Millennium Copyright Act (DMCA). Recently, the Supreme...
“Whiskey” Business – A Parody Dog Toy’s Continued Legal Battle with Jack Daniel’s
At the end of 2022, I wrote about the Jack Daniel's parody toy case against Phoenix-based VIP Company. It has been ongoing for some time now, with both parties arguing their case all the way to the U.S. Supreme Court. Well, just a few weeks back, there was an update...
U.S. Copyright Office Begins to Grapple with Questions of Authorship in AI Generated Works
On March 16, 2023, the U.S. Copyright Office published policy guidance on the registration of works containing materials generated by artificial intelligence (AI). The Copyright Office has been receiving copyright applications for AI technology, as author and...
The Trademark Changing the Face Of Ethical Consumption
As veganism continues to grow in popularity, more consumers are becoming conscious of the impact their food choices have on their health. With an increase in demand for vegan products, more companies in the consumer market are claiming their products are vegan – even...
Top Tips If You’re Considering Surrogacy
The decision to use a surrogate to have a child can be overwhelming and filled with mental, emotional, and financial worries. As a Surrogacy and Assisted Reproduction attorney and advocate who personally used a surrogate to have her son, I know this firsthand. Below...
The Smelliest of Florida Property Disputes: the Case of the Chumuckla Pig Pen
There are all kinds of stories detailing big developers using their power to push around individual landowners. Sometimes, though, those individuals have the opportunity to push back. You’ve heard the phrase “The devil is in the details.” In recent Florida property...