Social Media SmackDown: Elton John, Dolce & Gabbana, The First Amendment and a Brand in Peril

Dolce & Gabanna is a famous Italian fashion house, founded thirty years ago by Domenico Dolce and Stefano Gabbana.  The company has been a significant player in the fashion industry for decades, dressing celebrities and operating almost 300 stores in 40 countries around the world. This weekend, singer Elton John called for a boycott of … Read more

The Lines Just Got Blurrier for Musicians

I have previously discussed the Marvin Gaye and Robin Thicke/Pharrell Williams copyright dispute over the song “Blurred Lines”.  Earlier this week, matters got considerably worse for the funk duo: a jury found that “Blurred Lines” was substantially similar to Marvin Gaye’s “Got to Give It Up,” and awarded Gaye’s estate $7.3 Million in damages. Although … Read more

New Copyright Case Highlights Issues Relevant to Photographers

Photographers are often disturbed to find that they are without a meaningful remedy when their work is infringed, because they didn’t register the copyright in their photographs.  Infringement of a registered work would expose an infringer to statutory damages and attorneys’ fees, which is a lucrative proposition.  Absent timely registration, though, a copyright owner is … Read more

Top 5 Mistakes Brand Owners Make When Filing Their Own Trademark Applications

Entrepreneurs often choose not to spend money on legal fees as they are launching their businesses.  Understandably, budgets are tight in a company’s early days, and when faced with the choice of spending money on a trademark lawyer or on product development, product development usually (and with good reason) wins.  This results in many individuals … Read more

Trademark Profiteering

Trademark Profiteering: Can LET’S ROLL, BOSTON STRONG, I CAN’T BREATHE and JE SUIS CHARLIE be registered as trademarks? Let’s Roll. Boston Strong. I Can’t Breathe. Je Suis Charlie. Besides being rallying cries for social movements in the wake of horrible tragedies, what do these phrases have in common? They were all the subjects of multiple … Read more

Charlie Hebdo and The First Amendment

A few weeks ago, I wrote a piece about the November Sony cyber attack, and that company’s decision to cancel the theatrical release of the film The Interview in response to anonymous terror threats believed to have originated in North Korea.  At the time, Sony was widely criticized for submitting to the threats, and for … Read more

The Interview: Cyber Attacks and The First Amendment

The fallout from a massive cyber attack on Sony in November escalated tremendously this week.  After exposing embarrassing emails and confidential company information, stealing the screenplay for an upcoming James Bond movie, and posting five movies on illegal file sharing sites, the hackers next threatened to attack cinemas slated to show the film The Interview.  … Read more

Frozen – An IP Fairy Tale

Disney’s Frozen – An Intellectual Property Fairy Tale On this especially cold day in the Northeast, my thoughts are on the coming winter.  And winter reminds me of the cold, and of feeling frozen.  And the word frozen reminds me of Disney’s Frozen, the highest-grossing animated film of all-time — both in theaters and in … Read more

Trademark Prosecution 101

Owning a United States trademark registration for a brand confers a number of benefits.  This article will help you understand what to consider and what to expect as you select, adopt and apply to register a new trademark. Clearance Trademark clearance involves searching (either through an in-house search or a comprehensive search performed by a … Read more

Gaye Don’t Got To Give It Up

Years before I was a lawyer, I saw Vanilla Ice on The Tonight Show.  Jay Leno asked whether his song, Ice Ice Baby (listen to seconds 8-24) sounds like David Bowie’s Under Pressure (listen to seconds 9-20).  I’ve not seen a transcript of the interview, but my memory is that Vanilla (or Mr. Ice?) said … Read more