On June 19, 2017, the U.S. Supreme Court unanimously ruled in Matal v. Tam that the Disparagement Clause of the Lanham Act violates the First Amendment’s Free Speech Clause and constitutes viewpoint discrimination.[1] The trademark at issue in Tam was THE SLANTS for live music performances. By using this mark, an Asian-American rock band, The […]
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The DMCA Subpoena Process: An Underutilized Tool for Identifying Anonymous Infringers
Typically, for a copyright owner to identify and pursue an anonymous infringer on the Internet, he or she must initiate a copyright infringement lawsuit against a “John Doe” and use the discovery process to unmask the defendant’s identity. Although commencing a “John Doe” litigation is appropriate in certain circumstances, it can be an expensive and […]
Read moreBrexit and Your Trademark Rights in the UK
In light of Britain’s vote last week to leave the European Union, we can expect intellectual property rights in the UK to undergo changes in the coming years. These changes aren’t imminent, as it will take time for the UK to negotiate the terms of its withdrawal from the EU. The major IP impact will […]
Read moreChoudhury v. Evolation Yoga: Is Copyright Law Flexible Enough to Encompass Yoga Poses?
For more than a century, courts have been grappling with the issue of what types of work are eligible for copyright protection. New mediums of expression present challenges to the traditional analyses, and the law continues to evolve on this issue. In the case of Choudhury v. Evolation Yoga[1], the Ninth Circuit Court of Appeals […]
Read moreLenz v. Universal Music: Don’t Be Hasty In Sending a DMCA Takedown Notice
Even though we are nearing two decades since the passage of the Digital Millennium Copyright Act (the “DMCA”), litigation over the interpretation of the DMCA continues to push the envelope of copyright law. In possibly one of the most important decisions interpreting the DMCA, the Ninth Circuit Court of Appeals in Lenz v. Universal Music […]
Read moreNo Laughing Matter: The Conan O’Brien Joke-Stealing Dispute
Comedy show host Conan O’Brien has been sued in federal district court in the Southern District of California by comedian Robert Alexander Kaseberg for allegedly stealing four jokes from Kaseberg’s Twitter postings between January and June of this year. (Complaint filed by Kaseberg’s counsel is available here.)[1] According to Kaseberg, O’Brien performed each of the […]
Read moreThe Fight for Nike’s “Jumpman”
A particularly interesting case was decided last month involving a copyright claim over Nike’s use of Michael Jordan’s iconic “Jumpman” pose. The issue revolved around whether this picture taken by Nike infringed upon this picture that was previously taken by photographer Jacobus Rentmeester. The case was not only noteworthy for its high profile subject matter, […]
Read moreArnie and Susan Lutzker Attend INBLF Summit in London
Arnie and I had the pleasure of attending the European summit of the International Network of Boutique Law Firms in London in May. About 30 participants from 17 countries enjoyed the hospitality of the host firm, Rawlison Butler, which arranged a very full weekend of business meetings and cultural events. Similar to what we did […]
Read moreArnie and Susan Lutzker Presented with Courtroom Sketch
As the finale to the DC Black Tie weekend in October 2014, a group of INBLF lawyers were admitted to the bar of the Supreme Court in a courtroom ceremony. Arnie Lutzker moved the admission of the group before all nine justices. To commemorate the occasion, the group commissioned courtroom artist Dana Verkouteren to create […]
Read moreArnie and Susan Lutzker Attend SelectUSA Summit
Arnie and I along with INBLF president Charles Kagay and DC INBLF colleague John Quinn applied for and were accepted to the second SelectUSA Summit, which was held March 23 and March 24 just outside Washington DC. The summit brought together more than 2500 people – investors from all over the world, economic development organizations […]
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