TheTMCA.com

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative fair use” because it is a use of a trademark to “name”…

Trump University Playbooks Get Trumped By Trade Secrets Law

Chances are over the last several days you’ve heard presidential-hopeful Donald J. Trump express his displeasure with a certain federal judge sitting on the bench in the U.S. District Court for the Southern District of California.  The judge decided an evidentiary ruling against Mr. Trump…

Comic-Con, Costumes, and Copyright Concerns

Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog recently discussed the Supreme Court’s grant…

Oracle vs. Google: More Than Just Coffee

Java – what does it mean to you?  If you are like me, it’s your favorite morning beverage.  It’s also an island in Indonesia that you hope to visit someday on a dive trip.  If you are the owner of an Android smartphone, Java may…