TheTMCA.com

When Are Jeans Made In The U.S.A.?

A little over 30 years ago, Bruce Springsteen unleashed “Born in the USA”–the rock anthem about disaffected Vietnam veterans struggling as they returned home.  Today, clothing manufacturers and their resellers riffing on that “U.S.A. theme” have unleashed something quite different: class action lawsuits spurred by…

Down Stream from Aereo: FilmOn Pulled by Different Legal Currents

Last year in American Broad. Cos., Inc. v. Aereo, Inc., the Supreme Court dealt a significant victory to the broadcast industry when it concluded that Aereo’s online streaming services infringed the broadcasters’ copyrighted works.  The crux of the case was whether Aereo publicly performed the…

FDA

FDA Seems Ready to Weigh In on “Natural” Food Labeling

In 1960, Judge Friendly famously began an opinion by asking, “What is chicken?”  Today, the question is, “What is ‘natural’?” Courts today are filled with cases claiming that foods labeled as “natural” are misleading because they contain chemical preservatives; genetically modified ingredients such as corn…

YouTube

YouTube to Take a Stand for Fair Use

As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital Millennium Copyright Act (“DMCA”).  The DMCA provides a “notice and takedown”…

Nut Sack Brown Ale

Are Things Getting Nutty at the USPTO?

As we enter the Thanksgiving and holiday season this year, it is particularly apropos to ponder the following question:  Is the TTAB going nuts?  Congress tells us that the PTO cannot register trademarks that are scandalous or immoral due to Section 2(a) of the Lanham…