Insights
The Copyright Struggle Over Lakota Written Language
Is there a space for communal ownership in U.S. copyright law? And what purpose would it serve? In May of this year, Standing Rock banned the Lakota Language Consortium (LLC), The Language Conservancy, and their founders, Wilhelm Meya and Jan Ullrich from the...
Postpone Your Vegas Elvis Wedding Until ABG Resolves Its Trademark Battle
Once you register a trademark for your business, how guarded should you be over its usage? The answer would seem like a no-brainer: “Always protect your mark!” But it really depends on the size of your business and how your mark draws its power. Authentic Brands Group...
The MetaBirkin Might Be Meta-Trademark Infringement Against Hermès
The couture bagmaker Hermès has sued self-proclaimed artist and entrepreneur Mason Rothschild for trademark infringement, dilution, and confusion. Rothschild has been selling NFT versions of the Birkin, Hermès’s signature bag, in the Metaverse – a territory that we...
Top Gun: Maverick Might Get Grounded By U.S. Copyright Act
The Paramount movie Top Gun: Maverick made about $126 million in its opening weekend. You may remember its 1986 predecessor of a similar name, minus the “Maverick.” Rather than celebrate its success, however, Paramount may be dealing with copyright entanglement. The...
Misuse of DMCA Takedown Notices: Censorship Over Copyright Protection
Congress established the 1998 Digital Millennium Copyright Act (DMCA) in order to help regulate the usage of copyrighted material on the internet. It was meant to increase protection for both copyright holders and create a safe harbor for internet service providers –...
Trademark Dilution: A Not-So-Sweet Lawsuit Over Nerds and Trolli THC-Infused Counterfeits
Have you ever snacked on Ferrara Candy Company’s wares? Chances are high that you have – and if not, you have probably seen their bright, colorful packaging and candies in many a gas station and corner store. To be fair, Ferrara Candy Co. is a distributor, not a candy...
The Difference Between Soup Cans and Photos: Fair Use Copyright and the Andy Warhol Foundation
If you use a piece of another artist’s work in your own artwork, can you confidently proceed, knowing that the “fair use” defense under copyright law will save you from a lawsuit? In the current state of American IP law: No. Fair use came about as a way to respect a...
Five Key Points you should know about the Long Awaited Premium Processing Options
After decades of asking, USCIS finally expanded its premium processing service to include additional immigration petitions and application types. Here are the key points that you need to know: 1 - The initial expansion will apply to these categories: Forms I-140,...