When you hear a song on the radio, what sorts of intellectual property law does that evoke? And if a radio station plays a song without obtaining the proper permission, what kind of trouble can that spell for the station? We are currently seeing this play out in a...
Blog
Smucker’s Claims Trademark Infringement of the Crustless Sandwich – But Gallant Tiger Bites Back
If you have been a reader of my blog for a while, you have learned that businesses can register a trademark for goods related to the distinctive shape of a product or packaging. And they can defend that registration by claiming trademark infringement if it seems...
New Year Tips for Business Owners
Happy New Year, and welcome to 2023! I consulted with Mitch Ghaneie, our patent attorney, and Logan McEwen, our trusty and brilliant associate Intellectual Property attorney, to put together our handiest list of intellectual property suggestions for business owners as...
Banksy Defends His Art Against Guess Copyright Infringement
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,...
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...
Coincidence or Correlation in Yakima, WA?
Most free-speech cases are complicated. For instance, a case regarding free speech in Yakima, WA rests on the intersection of protection against discrimination and public safety. A local furniture business owner sued the city and several public employees, alleging...
Does Your State Have an Anti-SLAPP Law? SC Doesn’t
I have posted about anti-SLAPP laws. SLAPP stands for Strategic Lawsuits Against Public Participation. Often brought by public figures or organizations with greater power and resources, anti-SLAPP lawsuits are filed with the unstated purpose of silencing critical...