Insights

On October 28, 2020, the United States Patent and Trademark Office (“USPTO”) issued a new Examination Guide detailing procedures for reviewing trademark applications for “generic.com” terms. The USPTO offered this guidance in response to the Supreme Court’s decision in United States Patent and Trademark Office v. Booking.com B.V. We discussed this case in two previous […]

Under the Copyright Act, creators of copyrighted works may terminate prior transfers of their copyrights to third parties regardless of any conflicting contract terms. Recognizing the limited bargaining power creators hold when originally agreeing to these transfers, especially when dealing with large corporate rightsholders, Congress created this right in an effort to level the playing […]

On November 3, Californians voted in favor of Proposition 24, the California Privacy Rights and Enforcement Act of 2020 (CPRA), which would expand the privacy protections enacted under the 2018 legislation, the California Consumer Privacy Act (CCPA). Like its progenitor, Proposition 24 is limited in scope to California businesses and consumers but will likely dictate […]

As the fireworks lit the sky over the White House during the Republican National Convention in August, some songs traditionally associated with conservative politics accompanied the fanfare, including “God Bless the USA” and “You’re a Grand Old Flag.” However, one particularly interesting choice was the late Leonard Cohen’s “Hallelujah,” as performed by singer-songwriter Tori Kelly. […]

A “Free the Flag” campaign is raging in Australia, the latest chapter in a long-simmering controversy over the copyright rights to the Aboriginal flag. The controversy raises issues of fair dealing in copyright licensing. The flag was designed in 1971 by indigenous artist and copyright holder Harold Thomas for a national Indigenous Day. In 1995 […]

On July 14, 2020, DTTM Operations LLC (“DTTM”), the entity that holds trademarks for President Donald Trump’s for-profit businesses, filed an application with the United States Patent and Trademark Office (“PTO”) seeking the exclusive right to use the term TELERALLY as a service mark for “organizing events in the fields of politics and political campaigning.” […]

How do schools draw the line between protecting student privacy and informing the community about the spread of COVID-19? When it comes to transparency, many believe schools are not doing enough to prevent spread in the classroom by informing students and parents when a classmate, teacher or other employee tests positive for COVID-19. In response, […]

Many individuals and businesses are refreshing their websites, as COVID-19 makes our online presence more important than ever. In the process of creating a new look or updating your content, it’s important to consider some often-overlooked legal matters. Content on the Site Be sure you personally or your business own or have permission to use […]

In 1849, the Austrian military sent a fleet of large, unmanned balloons equipped with explosives in an effort to blockade the Republic of Venice. Since these “aircraft” were somewhat autonomous, many believe these balloons to be the first example of unmanned aerial systems (UAS), commonly known today as drones. Throughout the next two centuries, drone […]

Naming schools after individuals dates back to colonial days when Harvard College was named after its first benefactor, John Harvard, in 1635. As we approach nearly 400 years of this tradition, public and private K-12 schools and universities have a wealth of experience upon which to weigh the legal, political and community goals which are […]