On 12 September 2018, the EU Parliament adopted a revised draft of the directive on Copyright in the Digital Market. The proposed legislation includes some significant changes to the copyright regime and a couple of surprise additions introduced in the last minute by the EU…
Did you know that there are likely billions of unprotected IP works in nearly every consumer electronic sitting on your desk or held in your hand? Today, it seems like every electronics device maker is announcing there are something like seven billion transistors on a…
If you have encountered any issues accessing WHOIS information, the International Trademark Association (“INTA”) wants to hear from you. Due to changes in privacy law brought on by the European Union’s General Data Protection Regulation (“GDPR”), it is becoming more difficult or impossible to access…
Last Friday, the 9th Circuit Court of Appeals finally put to bed a copyright dispute that many viewed as nothing short of bananas. Naruto v. Slater—dubbed the “Monkey Selfie” case—raised the novel (if not bizarre) question of whether a non-human primate has standing to sue…
Last month we blogged about Falkner v. General Motors Co.—a federal court action filed earlier this year that may decide whether graffiti artists can enforce their copyrights in graffiti appearing on publicly-viewable buildings when photographed and distributed without their consent. As we detailed in our…
A recent Second Circuit decision in a case involving two companies using the ROGUE mark for apparel sets the record straight on what it means to have common law priority of rights in a mark for a category of goods in different trade channels. Excelled…
In what could be a harbinger of things to come for business models negatively impacted by the throttling of data flow under the European Union’s General Data Protection Regulation (“GDPR”), Nielsen Holdings was named in a putative class action Complaint on August 22, 2018, for allegedly…
In three separate opinions, a panel of the Ninth Circuit revived a pro se plaintiff’s claim that defendants’ television series “Empire” infringed upon his copyrighted “treatment” for a television series entitled “King Solomon.” A treatment is a brief, written work that embodies the writer’s ideas…
A trademark will be deemed abandoned under Section 1127 of the Lanham Act when the mark’s use has been discontinued “with intent not to resume such use.” Proof of non-use for three consecutive years will give rise to a presumption of abandonment, which can be…
Is graffiti protectable under the Copyright Act? In principle, yes because it is a graphic art. But graffiti tends to appear on buildings that are visible from a public place, and photographs of such buildings are exempt from copyright infringement suits. So what happens if…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...
